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Patna High Court

Gaurav MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioners, finding sufficient grounds to release them on condition.

Summary

The petitioners, Gaurav Mishra (driver) and Sajan Kumar (owner), were arrested in a police check that uncovered 483.84 liters of illegal foreign liquor from a truck and a white XUV‑500, leading to charges under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016. They contended that they were falsely implicated, had no criminal antecedent, and were detained merely on suspicion. The State opposed bail, while the court noted the petitioners' clean record, the prolonged custody since 20‑12‑2025, and a procedural defect: the search‑seizure memo lacked signatures of two independent witnesses, casting doubt on the seizure’s legality. The court also observed that co‑accused had already been granted bail. Considering these factors, the court granted regular bail to both petitioners subject to monetary sureties and conditions of appearance.

Issues considered

  • Whether the petitioners are entitled to regular bail despite the seizure of illegal liquor.
  • Whether the lack of independent witness signatures on the search‑seizure memo invalidates the seizure and affects bail considerations.

Legislation cited

Subjects

  • bail
  • excise
  • illegal liquor
  • search and seizure
  • criminal procedure
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11454 of 2026
                    Arising Out of PS. Case No.-2108 Year-2025 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
           1.     Gaurav Mishra S/o Ganesh Mishra R/o Village - Mohammadpur Shivram,
                  Ward No. 12, P.S - Sakra, District - Muzaffarpur
           2.    Sajan Kumar S/o Dev Lal Ram R/o Village - Mohammadpur Mohan, Ward
                 No. 14, P.S - Sakra, District - Muzaffarpur

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sagar Kumar, Adv
                 For the Opposite Party/s :         Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   19-03-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners seek bail in connection with Excise

                   P.S. Case No. 2108 of 2025 registered for the offence punishable

                   under Sections 30(a), 32(3) of the Bihar Prohibition and Excise

                   Act, 2016.

                                3. The case of the prosecution, in short, is that upon

                   receiving a secret information, the informant and his team

                   conducted checking of vehicles. On 19.12.2025, during

                   checking, a suspicious truck and a white XUV-500 were

                   noticed. On seeing the police team, the persons tried to flee but

                   four were apprehended. On query, they disclosed that the truck
Patna High Court CR. MISC. No.11454 of 2026(3) dt.19-03-2026
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          was carrying cartons of illegal foreign liquor which were being

          unloaded and loaded into a white XUV-500 vehicle. On search,

          224.640 liters of foreign liquor and a Oppo mobile were

          recovered from the truck and 259.200 liters of foreign liquor

          was recovered from the white XUV-500 vehicle. Total 483.840

          liters of foreign liquor was recovered from both vehicles.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have falsely been implicated in this

          case. He further submits that that the petitioners were

          apprehended merely on the suspicion. The petitioner no. 1 is the

          driver and petitioner no. 2 is the owner of XUV-500 vehicle. He

          further submits that the petitioners have no criminal antecedent.

                       5. Learned APP appearing for the State opposes the

          prayer for regular bail of the petitioners.

                       6. Considering the fact that the petitioners have clean

          antecedent and they have remained in custody since 20.12.2025

          and further the fact that the search and seizure memo has not

          been signed by two independent witnesses, which put a question

          mark over the legality and validity of the seizure itself, as also

          the fact that other co-accused persons namely, Viplav Chaterji

          and Mirinmoy Das have already been granted bail vide order

          dated 24.02.2026 passed in Cr. Misc. No. 12723 of 2026, this
              Patna High Court CR. MISC. No.11454 of 2026(3) dt.19-03-2026
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                        Court is inclined to grant privilege of bail to the petitioners.

                                     7. Accordingly, let the petitioners, named above, are

                        directed to be released on bail on furnishing bail-bonds of Rs.

                        10,000/- (Rupees Ten Thousand) each with two sureties of the

                        like amount each to the satisfaction of the learned court below

                        where the case is pending/successor court in connection with

                        Excise P.S. Case No. 2108 of 2025, subject to the following

                        conditions:-

                                     (i) One of the bailors of the petitioners shall be his

                        close relative.

                                     (ii) The petitioners shall remain physically present in

                        Court on each date of the trial.

                                     (iii) In case of absence on two consecutive dates

                        without substantial reason or in violation of the terms of the

                        bail, the bail bonds of the petitioners will be liable to be

                        cancelled by the Court concerned.

                                     8. Accordingly, the prayer for bail is allowed.



                                                 (Alok Kumar Sinha, J)
kiran/-

U         T


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