Patna High Court
Gautam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted as the prosecution failed to establish that the seized liquor was in the petitioner’s conscious possession.
Summary
The petitioner, Gautam Kumar, was arrested in connection with a case alleging recovery of 81 litres of Nepali liquor from his motorcycle, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating the liquor was not in his conscious possession and that he was falsely implicated based solely on suspicion, with no prior criminal record. The State opposed his bail application. The court examined the circumstances, noting that the charge‑sheet had been filed and the petitioner had been in custody since 5 January 2026. Considering the lack of direct evidence linking the seized liquor to the petitioner and his clean record, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act when the seized contraband is not proven to be in his conscious possession.
Subjects
- bail
- excise
- prohibition
- liquor seizure
- false implication
- Section 30(a)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11524 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- Excise P.S. District- Araria
======================================================
Gautam Kumar, S/o- Shri Pawan Yadav @ Pawan Yadav @ Pawan Kumar
Shashi, R/o - Farhi Koshikapur/Kharhi, Kushkapur, Ward No.01, P.S -
Narpatganj, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Adv.
For the Opposite Party/s : Mr. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner seeks bail in connection with
Araria P.S. Case No. 05 of 2026 dated 04.01.2026 registered
for the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The allegation is of recovery of 81 litres Nepali
liquor from Apache motorcycle.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in
this case. It is submitted that nothing has been recovered
from the conscious possession of the petitioner. It is further
Patna High Court CR. MISC. No.11524 of 2026(2) dt.17-02-2026
2/2
submitted that the seized articles does not belong to the
petitioner. The petitioner has no concern with the said illicit
liquor. Only on the basis of suspicion, the petitioner has
been made accused in this case. The petitioner is in custody
since 05.01.2026, having no criminal antecedent and
charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer
for bail of the petitioner.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the
parties, let the petitioner be released on bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of the learned
Additional Sessions Judge-cum-Exclusive Special Judge,
Excise-II, Araria/Spl Excise Court-II, Araria or its available
successor Court in connection with Araria P.S. Case No. 05
of 2026.
(Khatim Reza, J)
prabhat/-
U T
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