Patna High Court
Gaurav Kumar Jha @ Gaurav Kr JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner subject to monetary bond and compliance with specified conditions.
Summary
The petitioner, Gaurav Kumar Jha, was arrested in a liquor seizure case (Jalalgarh P.S. Case No. 232 of 2025) under Sections 30(a) and 45 of the Bihar Prohibition and Excise Act after 522 litres of liquor were recovered from a vehicle in which he was merely a passenger. He claimed innocence, stating he neither owned nor drove the vehicle and had no knowledge of the contraband, and highlighted that no incriminating material was found in his possession. The petitioner also pointed out that a co‑accused had been granted regular bail and argued that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. The State opposed the bail application. Considering the facts, the period of custody, and the lack of direct evidence against the petitioner, the Court inclined to grant bail, imposing a bond of Rs. 15,000 with two sureties and conditions regarding family surety and appearance in court.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a) and 45 of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s alleged lack of ownership, control, or knowledge of the seized liquor negates the necessity of continued detention.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal procedure
- Section 103 Bharatiya Nagarik Suraksha Sanhita
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10001 of 2026
Arising Out of PS. Case No.-232 Year-2025 Thana- JALALGARH District- Purnia
======================================================
Gaurav Kumar Jha @ Gaurav Kr Jha S/O Shubhash Kumar Jha R/o Village-
Bisanpur, P.S-Dhamdaha,District-Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Jha, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Jalalgarh P.S. Case No. 232 of 2025, instituted for the offences
punishable under Sections 30(a) and 45 of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 522
liters liquor was recovered from pick-up vehicle and car and the
petitioner was arrested on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.10001 of 2026(2) dt.13-02-2026
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for the petitioner also submitted that the petitioner is neither
owner nor driver of the vehicle in question rather he took lift in
that vehicle wihtout having any knowledge about the fact
regarding the goods loaded in the vehicle. The petitioner is in
custody since 21.11.2025 and has got two criminal antecedents.
Learned counsel for the petitioner further submits that other co-
accused has been granted regular bail by this Court vide order
dated 27.01.2026 passed in Cr. Misc. No. 4586 of 2026. There is
no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Jalalgarh P.S. Case
No. 232 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
Patna High Court CR. MISC. No.10001 of 2026(2) dt.13-02-2026
3/3
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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