Patna High Court
CR. MISC./47941/2026 of Rajesh Gupta @ Rajesh kumar @ Mantu Gupta Vs The State of Bihar on 16 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47941 of 2026 Arising Out of PS. Case No.-370 Year-2026 Thana- SASARAM NAGAR District- Rohtas ====================================================== Rajesh Gupta @ Rajesh kumar @ Mantu Gupta Son of Nemchand Prasad @ Nemchand Prasad Gupta R/o
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47941 of 2026
Arising Out of PS. Case No.-370 Year-2026 Thana- SASARAM NAGAR District- Rohtas ======================================================
Rajesh Gupta @ Rajesh kumar @ Mantu Gupta Son of Nemchand Prasad @
Nemchand Prasad Gupta R/o Karansarai, Ward no. 23, P.S.- Sasaram Nagar, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Deep Shekhar
For the Opposite Party/s :
Mr.Tarkeshwar Nath Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
16-07-2026
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the petitioner has antecedent of three cases out of which two cases are under the Excise Act and allegation is of recovery of 371.36 litres of liquor from a shop at adda road, Sasaram.
4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even the alleged recovery is from a shop which does not belong to the petitioner Patna High Court CR. MISC. No.47941 of 2026(2) dt.16-07-2026
and he came to be implicated based on confessional statement of Manish in police custody which does not have any evidentiary value. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sasaram Town P.S. Case No. 370 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than three cases then it would be presumed that petitioner, for the Patna High Court CR. MISC. No.47941 of 2026(2) dt.16-07-2026
purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of three cases in that event the provisional anticipatory bail order shall be confirmed forthwith.
Sumit/- (Satyavrat Verma, J) U T