Patna High Court
Gulshan Kumar @ Gulshan Kumar Mehta @ Gulshan MehtaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Gulshan Kumar Mehta applied for bail in an excise case (Araria Excise P.S. Case No.36 of 2026) under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, where 108 litres of Nepali liquor were seized from a bike. The petitioner contended that the seized liquor was not in his possession, he was not the owner of the bike, the police failed to comply with Section 105 of the BNSS while making the seizure, and he had no prior criminal record, having been in judicial custody since 28‑01‑2026. The State opposed the bail. After hearing both sides, the High Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the Exclusive Special Excise Court‑II, Araria.
Issues considered
- Whether bail should be granted to the accused in an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the seizure of liquor complied with statutory requirements, particularly Section 105 of the BNSS.
- Whether the petitioner’s claim of non‑ownership of the bike and lack of possession of the seized liquor affects bail eligibility.
- Whether the petitioner’s clean criminal record and custodial circumstances warrant bail.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- excise law
- seizure
- ownership
- criminal antecedent
- Section 30(a)
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23099 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- Excise P.S. District- Araria
======================================================
Gulshan Kumar @ Gulshan Kumar Mehta @ Gulshan Mehta Son of Surya
Narayan Mehta @ Suryanarayan Mehta R/o Village - Manikpur, Ward no. 08,
P.S. - Fulkaha, Dist. - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Kumar Singh, Advocate
For the Opposite Party/s : Ms. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Araria Excise P.S. Case No.36 of 2026 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise (Amendment) Act, 2018.
3. The case of the prosecution, in short, is that from a
bike altogether 108 liter of country made Nepali liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of the petitioner. Learned counsel for the
petitioner has further submitted that the witnesses of the seizure
list are police personnel and police have not complied Section
Patna High Court CR. MISC. No.23099 of 2026(2) dt.08-04-2026
2/2
105 of the BNSS while making seizure. It has further been
submitted that petitioner is not the owner of the bike. Learned
counsel for the petitioner has further submitted that the
petitioner is having no criminal antecedent and he is in judicial
custody since 28.01.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Exclusive Special Excise Court-II, Araria in connection with
Araria Excise P.S. Case No.36 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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