Gautam Kumar JhaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26773 of 2026
                 Arising Out of PS. Case No.-41 Year-2026 Thana- BHAIRAVSHTHAN District- Madhubani
                 ======================================================
                 Gautam Kumar Jha Son of Gagandev Jha Residents of Village- Machhaita,
                 Kurson, Nadiami, Ps- Sakatpur, Dist- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Raghvendra Kumar, Advocate
                 For the Opposite Party/s :      Mr. Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   22-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Bhairavsthan P.S. Case No. 41 of 2026 registered for the

                   offence punishable under Sections 274, 275, 3(5) of the B.N.S.,

                   2023 and Section 30(a) of the Bihar Prohibition & Excise Act.

                                3. The case of the prosecution, in short, is that from a

                   four-wheeler (Nissan Magnite), altogether 342.96 liters of illicit

                   foreign liquor was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits petitioner was driver of the alleged

                   vehicle and he was unaware of the consignment kept in the
           Patna High Court CR. MISC. No.26773 of 2026(2) dt.22-04-2026
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                     vehicle. He also submits that the witnesses of the seizure list are

                     police personnel and the police has not complied with Section

                     105 of the BNSS while making the seizure. He further submits

                     that the petitioner is languishing in judicial custody since

                     15.03.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner has criminal

                     antecedent of four cases of similar nature.

                                  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 with the condition

                     that the petitioner shall not indulge himself in similar nature

                     of offences in future. 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 learned Exclusive Special Judge (Excise),

                     Jhanjharpur in connection with Bhairavsthan P.S. Case No. 41

                     of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T