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Synopsis

The Supreme Court recently set aside a Patna High Court order that imposed a condition on bail for an accused under the Bihar Prohibition and Excise Amendment Act, requiring a six-month custody period before bail could be granted. 

The bench of Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan directed the trial court to immediately release Vikas Kumar Gupta, the petitioner challenging the July 25, 2024, high court order.

Gupta, who was arrested on June 14, 2024, under Section 30(a) of the Act, was involved in a case where 231.6 liters of liquor were seized from three motorcycles, one of which he was driving.

Despite Gupta's bail application being denied by the trial court, he approached the high court. Although the high court directed his release on bail, it imposed a condition that bail bonds must be submitted after six months of custody from the date of the order.

In his appeal, Gupta claimed he was falsely implicated, stating he had no connection with the liquor recovery and was unaware of the goods on his motorcycle. He maintained that he is only the owner of one of the seized motorcycles.

The Supreme Court found no justification for this condition. Court ruled that the high court's stipulation for a six-month wait before bail bonds could be submitted was unwarranted and allowed Gupta's petition. 

The bench added that, in addition to the trial court’s conditions, Gupta must attend all court hearings. It also warned that if Gupta were found involved in similar cases in the future, it could be seen as an abuse of the bail concession.

The Supreme Court's intervention follows a recent decision by another bench, led by Justices Abhay S. Oka and Augustine George Masih, on September 2, 2024. This ruling clarified that once a court determines an accused is entitled to bail, it cannot delay the grant of bail, as postponement could violate fundamental rights under Article 21 of the Constitution. This decision partially overturned a Patna High Court order from April 19, 2024, which had similarly delayed bail for an accused in a murder case.

Case Title: Vikas Kumar Gupta Vs The State of Bihar