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Patna High Court

Gulshan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond, sureties, and verification of criminal antecedents.

Summary

The petitioner, Gulshan Kumar, sought bail after being implicated in a case alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for allegedly selling foreign liquor. The prosecution claimed that liquor was recovered from a scooter different from the one owned by the petitioner, and that the seizure list did not comply with Section 103 of the B.N.S.S. The petitioner argued that no liquor was found in his possession, that procedural requirements were breached, and that he has no prior criminal record. The State opposed the bail application. The Court, after hearing both sides, granted bail on a bond of Rs. 10,000 with two sureties, subject to verification of the petitioner’s antecedents and possible cancellation if concealment is discovered, invoking Section 482(2) of the B.N.S.S.

Issues considered

  • Whether bail should be granted to the petitioner despite the alleged offence under the Bihar Prohibition and Excise Act.
  • Whether the alleged non‑compliance with Section 103 of the B.N.S.S. in preparing the seizure list warrants bail.
  • Whether the recovery of liquor from a different vehicle affects the bail decision.

Legislation cited

Subjects

  • bail
  • foreign liquor
  • Bihar Prohibition and Excise Act
  • seizure procedure
  • Section 103 B.N.S.S.
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18464 of 2026
                      Arising Out of PS. Case No.-570 Year-2025 Thana- KHAJEKALA District- Patna
                 ======================================================
                 Gulshan Kumar S/o Arun Rai @ Arun Ray R/o Mohalla- Ghagha Gali, P.S-
                 Khajekalan, Dist- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rudal Singh, Advocate
                 For the Opposite Party/s :       Mrs. Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   25-03-2026                         Heard the learned counsel for the petitioner and

                   the learned APP for the State.

                                   2. The petitioner is apprehending his arrest in

                   connection with Khajekalan P.S. Case No. 570 of 2025 for

                   allegedly having committed offence under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                   3. As per the prosecution case, while the informant

                   was on patrolling duty, he received secret information that one

                   person is going to sale foreign liquor on a scooty. When the

                   informant reached near the Mouri Gali, he saw one person

                   fleeing away, leaving Scooty No. BR01HB3432. It was further

                   alleged that in presence of the witnesses, the scooty was seized

                   and while the said scooty was being seized, another Scooty

                   bearing registration no. BR01CH3149 was also searched from
Patna High Court CR. MISC. No.18464 of 2026(2) dt.25-03-2026
                                            2/3




          where 1.800 litres of the foreign liquor was recovered.

                          4. The learned counsel for the petitioner submits

          that nothing has been recovered from the conscious possession

          of the petitioner and even from the scooty bearing registration

          no. BR01HB3432, which belongs to the petitioner, rather the

          recovery has been made from another scooty, bearing

          registration no. BR01CH3149. While preparing the seizure list,

          the provisions contained under Section 103 of the B.N.S.S. was

          not followed. The petitioner is having no criminal antecedent.

                          5. The learned APP for the State vehemently

          opposes the prayer for bail of the petitioner.

                          6. Having heard the learned counsel for the parties,

          let the petitioner, above named, in the event of arrest or

          surrender within a period of six weeks, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Exclusive Special Judge Excise, Patna City in connection with

          Khajekalan P.S. Case No. 570 of 2025, subject to the conditions

          as laid down under Section 482(2) of the B.N.S.S., with further

          condition:

                       (1) The learned Court concerned shall verify the

          criminal antecedent of the petitioner and in case at any stage, it
           Patna High Court CR. MISC. No.18464 of 2026(2) dt.25-03-2026
                                                       3/3




                     is found that the petitioner has concealed his criminal

                     antecedents, the court concerned shall take steps for cancellation

                     of bail bond of the petitioner. However, the acceptance of bail

                     bonds in terms of the above-mentioned order shall not be

                     delayed for purpose of or in the name of verification.



                                                 (Ritesh Kumar, J)
AjayMishra/-

U      T


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