Patna High Court
Gulshan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 103, 482(2)
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
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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
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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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