Patna High Court
Gautam Thakur @ Gautam Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Gautam Thakur, was arrested after 152.640 litres of liquor were seized from an e‑rickshaw he was driving, and was charged under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the contraband, that no incriminating material was found in his personal possession, and that he had no prior criminal record. The State opposed bail, arguing the seriousness of the offence. The Court noted the petitioner’s clean antecedent, his role merely as a driver, the short period of custody, and the lack of compliance with Section 103 of the B.N.S.S., 2023. Accordingly, the Court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner charged under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act
- Whether the petitioner’s lack of prior criminal antecedent and limited custody period justify bail
- Whether non‑compliance with Section 103 of B.N.S.S., 2023 precludes the grant of bail
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise
- liquor seizure
- driver
- criminal procedure
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2004 of 2026
Arising Out of PS. Case No.-673 Year-2025 Thana- Excise P.S. District- Gopalganj
======================================================
Gautam Thakur @ Gautam Kumar Thakur S/O Satyadeo Thakur @ Satyadev
Thakur R/O Vill.- Nimuiya, P.S.- Kateya, Dist- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar, Advocate
For the Opposite Party/s : Mr.Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Gopalganj Excise P.S.
case No. 673 of 2025 instituted for the offences under Sections
30(a) and 32 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 152.640 liters
liquor was recovered from E-rickshaw and the petitioner was
arrested on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioner. The petitioner
has got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.2004 of 2026(2) dt.19-01-2026
2/2
further submitted that the petitioner is driver of the vehicle in
question and he had no knowledge regarding nature of goods
kept in the vehicle. The petitioner is in custody since 12.10.2025
and has got no criminal antecedent. There is no compliance of
Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent and the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Gopalganj Excise
P.S. case No. 673 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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