Patna High Court
Gulshan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted to the petitioners, subject to bond and conditions, owing to their clean antecedent and procedural non‑compliance by the prosecution.
Summary
Petitioners Ajeet Kumar and Gulshan Kumar were arrested on 3 January 2026 in connection with an FIR dated 2 January 2026 alleging contravention of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016 for the recovery of 127.5 litres of foreign liquor. The petitioners contended they had clean antecedents, that the allegations were false and fabricated, and that the investigating authorities had failed to comply with Sections 103 and 105 of the Bihar Narcotic Substances (Suppression) Act, 2023. The State opposed bail. The Court, after considering the clean antecedent and procedural lapses, granted bail to both petitioners on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence, and ordered verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioners under the circumstances of the case
- Whether the alleged non‑compliance of Sections 103/105 of the BNSS, 2023 justifies granting bail
- Whether the FIR is false/fabricated and therefore lacks a prima facie case
Subjects
- bail
- excise law
- foreign liquor
- Section 30(a)
- clean antecedent
- procedural lapse
- Bihar Prohibition and Excise Act
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20384 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- GHOSWARI District- Patna
======================================================
Ajeet Kumar S/O Sri Surendra Prasad Resident of Vill.- Karara, P.S.-
Ghoswari, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 20952 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- GHOSWARI District- Patna
======================================================
Gulshan Kumar Son of Sri Arun Mahto Resident of Village- Karara, P.S.-
Ghoswari, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 20384 of 2026)
For the Petitioner/s : Mr. Kumar Manglam, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
(In CRIMINAL MISCELLANEOUS No. 20952 of 2026)
For the Petitioner/s : Mr. Kumar Manglam, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-03-2026 Heard Mr. Kumar Manglam, learned counsel for the
petitioners and Mr. Kanhiya Kishor, learned Additional Public
Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
03.01.2026 in connection with Ghoswari P.S. Case No. 01 of
2026, F.I.R. dated 02.01.2026 for the offences punishable under
Patna High Court CR. MISC. No.20384 of 2026(2) dt.30-03-2026
2/3
Sections 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2016.
3. Recovery is of 127.5 liters of foreign made liquor.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioners have not
committed any offence as alleged in the F.I.R. The recovery has
been made from the house of the petitioner, namely, Ajeet
Kumar but he was not present at the place of occurrence.
Although the petitioner, namely, Gulshan Kumar was present at
the place of occurrence. He further submits that there is non-
compliance of Section 103/105 of the BNSS, 2023. The
petitioners are in custody since 03.01.2026.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent and there is non-
compliance of Section 103/105 of the BNSS, 2023, let the
petitioners, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Patna High Court CR. MISC. No.20384 of 2026(2) dt.30-03-2026
3/3
Special Judge Excise, Barh, Patna in connection with Ghoswari
P.S. Case No. 01 of 2026, subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
Checking your session…