Patna High Court
Gulsar @ GulsherversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners, subject to bond and conditions, finding no sufficient ground to deny bail.
Summary
The petitioners, Gulsar and Vikash Kumar, were arrested on 6 January 2026 after 872.640 litres of liquor were seized from a truck in Naugachiya, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they were merely a driver and a passenger, had no ownership of the vehicle, and possessed no knowledge of the contraband, asserting innocence and lack of prior criminal record. Their counsel also highlighted the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application, arguing the seriousness of the offence. Considering the petitioners’ custody duration, lack of incriminating material against them, and their clean record, the Court inclined to grant bail. The bail was ordered on a bond of Rs 15,000 each with two sureties, subject to conditions including a family member as bailor and mandatory appearance at trial dates.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
- Whether the lack of conscious possession and ownership by the accused negates the charge of possession of liquor
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail
Legislation cited
Subjects
- bail
- excise
- possession of liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- driver
- passenger
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12375 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- EXCISE NAUGACHIA District-
Bhagalpur
======================================================
1. Gulsar @ Gulsher S/O Sammeddin R/O Vill.- Loni Ward no. 47, P.s.- Loni,
Dist.- Ghaziabad, U.P.
2. Vikash Kumar S/O Late Chandrashekhar Ram R/O Vill.- Rupanpatti no. 8,
P.S.- Dhali Sakra @ Dholi Sakra, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baijnath Sah, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with Excise
Naugachiya P.S. Case No. 22 of 2026, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 872.640 liters
liquor was recovered from truck and both the petitioners were
arrested on spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.12375 of 2026(2) dt.23-02-2026
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the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. Learned
counsel for the petitioners also submitted that the petitioners are
not the owner of the vehicle in question rather they are driver
and passenger of that vehicle and both of them have got no
knowledge with regard to the nature of goods loaded in the
vehicle. The petitioners are in custody since 06.01.2026 and
have got no criminal antecedent. 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 petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise Naugachiya
P.S. Case No. 22 of 2026, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners shall appear on each and every
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3/3
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 petitioners.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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