Gautam Kumar @ Gautam kumar Gupta Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Gautam Kumar @ Gautam kumar Gupta Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Conditional anticipatory bail: if the petitioner is arrested or surrenders before the Court below within six weeks, he is to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge, Excise Court No. I, Aurangabad, in connection with Aurangabad Town P.S. Case No. 891 of 2024, subject to the conditions under Section 482(2) of the B.N.S.S., 2023.

Issue for consideration

Whether the petitioner, who apprehends arrest in Aurangabad Town P.S. Case No. 891 of 2024 registered under Section 30(a) of the Bihar Excise Act following recovery of illicit liquor (including 18 liters from his printing press), should be granted anticipatory bail.

Court's answer

Anticipatory bail granted conditionally: in the event of arrest or surrender before the Court below within six weeks, the petitioner is to be released on bail upon furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge, Excise Court No. I, Aurangabad, in connection with Aurangabad Town P.S. Case No. 891 of 2024.

Ratio / Principle

The bail release is made subject to the conditions laid down under Section 482(2) of the B.N.S.S., 2023.

Detailed headnote1 paragraphs

Anticipatory Bail — Patna High Court, CR. MISC. No. 14783 of 2025, decided 02-04-2025 (Sunil Dutta Mishra, J.). Applicant apprehending arrest in Aurangabad Town P.S. Case No. 891 of 2024 under S. 30(a), Bihar Excise Act; prosecution case: 61.275 liters illicit liquor recovered from co-accused Vikas Kumar's house and, on his disclosure, 18 liters from the applicant's printing press. Applicant claimed innocence, false implication, absence at the occurrence, no knowledge of the liquor (press run by many staff), no criminal antecedent, and undertook cooperation; State's APP opposed. Held: anticipatory bail allowed — on arrest or surrender within six weeks, release on bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Special Judge, Excise Court No. I, Aurangabad, subject to conditions under S. 482(2), B.N.S.S., 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14783 of 2025

Arising Out of PS. Case No.-891 Year-2024 Thana- AURANGABAD TOWN DistrictAurangabad

======================================================

Gautam Kumar @ Gautam kumar Gupta S/o Late Govind Prasad Gupta R/O Village-Abdulpur, P.S Rafiganj, District-Aurangabad. At present VillageJarma Khap, P.S-Muffasil, District-Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Mukul Kumari, Advocate For the Opposite Party/s : Ms. Asha Devi, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 02-04-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends arrest in connection with

in a case registered under Section 30(a) of Bihar Excise Act.

As per the prosecution case, 61.275 liters illicit

liquor was recovered from the house of co-accused Vikas Kumar and on his disclosure, 18 liters illicit liquor was recovered from the printing press of this petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Further submission is that petitioner was neither present at the time of occurrence nor he has any concern with the seized liquor. Petitioner had no knowledge about the illicit liquor that

Patna High Court CR. MISC. No.14783 of 2025(2) dt.02-04-2025 2/2

was kept in his printing press. Printing press is operated by many staff. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Special Judge, Excise Court No. I, Aurangabad in connection with Aurangabad Town P.S. Case No. 891 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J)

utkarsh/-

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