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Patna High Court

Gautam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

Gautam Kumar was arrested in connection with a case alleging possession of 100 litres of country-made liquor, violating Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner contended that he was neither the owner nor the driver of the vehicle, that no incriminating material was found in his possession, and that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of direct evidence, the petitioner’s clean record, and the period of custody already served, the Court decided to grant bail. The bail was conditioned on a bond of Rs. 15,000 and two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

  • What is the appropriate discretion of the court in granting bail for offences under the Bihar Prohibition and Excise Act?
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Subjects

  • bail
  • excise
  • prohibition
  • liquor
  • Section 30
  • Section 32
  • Section 103
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2615 of 2026
                       Arising Out of PS. Case No.-1133 Year-2025 Thana- Excise P.S. District- Jamui
                 ======================================================
                 Gautam Kumar S/o Late Brahmdeo Ram Resident of Village- Mangobandar,
                 P.S.- Khaira, District- Jamui
                                                                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Umesh Prasad, Advocate
                 For the Opposite Party/s :         Mr.Arun Kumar Singh, A.P.P.
                 ======================================================
                 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 connection with JAM

                   P.S. Case No. 1133 of 2025, instituted for the offences

                   punishable under Sections 30(a) and 32(3) of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 100

                   liters of country made liquor was recovered from car.

                                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. The petitioner

                   was neither owner nor driver of the vehicle and the said
           Patna High Court CR. MISC. No.2615 of 2026(2) dt.19-01-2026
                                                       2/2




                     recovery has been planted for extraneous consideration. The

                     petitioner is in custody since 19.11.2025 and has got no criminal

                     antecedent. There is no compliance of Section 103 of the

                     Bharatiya Nagarik Suraksha Sanhita, 2023.

                                  5. Learned APP 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 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/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with JAM P.S. Case No.

                     1133 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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