Patna High Court

Gula Kumar @ Ritik Kumar @ Ritik Roushan @ Golu KumarversusThe State of Bihar

Decided: 18 April 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The Court ordered the release of the petitioner on bail, subject to bond and surety conditions, as there was insufficient material to justify continued detention.

Summary

The petitioner, Gula Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 54.845 litres of illicit liquor were seized and a co‑accused identified him as having fled the scene. The petitioner contended that he was innocent, alleging that the accusation stemmed from village politics and that no liquor was found in his possession. He disclosed a prior criminal antecedent for which he was already on bail but offered to cooperate with the investigation. The State opposed the bail application, arguing that the disclosure by the co‑accused warranted continued custody. The Court, after considering the lack of material evidence against the petitioner and his willingness to cooperate, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directed the petitioner to surrender within six weeks if arrested.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act
Whether the disclosure of the co‑accused constitutes sufficient material to justify denial of bail
Application of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

bail
Bihar Prohibition and Excise Act
illicit liquor
political victimisation
criminal procedure
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21323 of 2026
                      Arising Out of PS. Case No.-61 Year-2026 Thana- HARNAUT District- Nalanda
                 ======================================================
                 Gula Kumar @ Ritik Kumar @ Ritik Roushan @ Golu Kumar Son of Dilip
                 Yadav Resident of Ambedkar Nagar, P.S.- Harnaut, District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anil Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   18-04-2026                           Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                      2. The petitioner apprehends arrest in a case

                   registered under Section 30(a) of Bihar Prohibition and Excise

                   Act.

                                      3. As per prosecution case, 54.845 liters illicit

                   liquor was recovered from the bush. Co-accused Bhola Kumar

                   was apprehended on the spot who disclosed the name of the

                   petitioner that he fled away from the place of occurrence.

                                      4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case due to village politics.

                   Further submission is that petitioner has no concern with the

                   seized liquor. Nothing has been recovered from the conscious
            Patna High Court CR. MISC. No.21323 of 2026(2) dt.18-04-2026
                                                        2/2




                      possession of the petitioner. Except the disclosure statement of

                      co-accused, there is nothing material against the petitioner.

                      Petitioner has got one criminal antecedent in which he is on bail.

                      Petitioner undertakes to cooperate in the investigation and trial.

                                   5. Learned A.P.P. for the State opposed the prayer for

                      bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case and submissions of learned counsel for the parties,

                      let the above named petitioner be released on bail, in the event

                      of arrest or surrender before the Court below within a period of

                      six weeks from today, on furnishing bail bond of Rs. 10,000

                      (Rupees Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of learned District and Additional

                      Sessions Judge-V-cum-Special Judge (Excise), Biharsharif,

                      Nalanda in connection with Harnaut P.S. Case No. 61 of 2026,

                      subject to the conditions as laid down under Section 482(2) of

                      the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

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