Patna High Court

Gunjan KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Gunjan Kumar, sought bail in a case (Minapur P.S. Case No. 482 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, where 317.875 litres of liquor were recovered from a Toyota car. The petitioner claimed innocence, stating no liquor was found in his possession and that his name appeared only through secret information, while also noting five prior criminal antecedents and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. After considering the facts, the court found the petitioner eligible for bail, subject to a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and strict attendance requirements. The bail was ordered to be granted after framing of charge, if not already done. The order also stipulated cancellation of bail upon default on two consecutive court dates.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence, custody period, and prior criminal antecedents.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
criminal procedure
antecedents
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2747 of 2026
                    Arising Out of PS. Case No.-482 Year-2025 Thana- MINAPUR District- Muzaffarpur
                 ======================================================
                 Gunjan Kumar Son of Nawal Kishor Chaudhary R/o Village - Kishun Nagar,
                 P.S. - Kanti, Dist. - Muzaffarpur.
                                                                        ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sunil Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr.Shyam Bihari 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 Minapur

                   P.S. Case No. 482 of 2025, instituted for the offences punishable

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

                                3. The prosecution case, in short, is that total 317.875

                   liters 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 has

                   no concern with Toyata Car from which the alleged recovery has

                   been made. The name of the petitioner transpired on secret

                   information. The petitioner is in custody since 29.11.2025 and has
           Patna High Court CR. MISC. No.2747 of 2026(2) dt.19-01-2026
                                                       2/2




                     got five criminal antecedents. 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, after framing

                     of charge, if not already framed, 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 Minapur P.S. Case No. 482 of 2025, subject to the

                     following conditions:

                                  (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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