Patna High Court
Gulshan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Gulshan Kumar Yadav was arrested on 24 March 2026 in connection with the seizure of 565.5 litres of illicit Nepali liquor from two vehicles, alleged to be offences under Sections 30(a) and 41 of the Bihar Prohibition & Excise Act. The petitioner argued that he has a clean antecedent, was not the owner of the vehicles, and that the seized liquor was not in his conscious possession. He further contended that the seizure process violated Sections 103 and 105 of the Bihar Narcotic Substances (BNSS) Act, 2023. The State opposed bail, but the court considered the lack of direct possession, the procedural lapses, and the petitioner's clean record. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence in court, and non‑tampering with evidence or witnesses.
Issues considered
- Whether bail should be granted when the accused is not in conscious possession of the seized liquor
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023 warrants bail
- Whether the petitioner’s clean antecedent and lack of ownership of the vehicles justify bail
Subjects
- bail
- prohibition
- excise
- illicit liquor
- possession
- procedural compliance
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28819 of 2026
Arising Out of PS. Case No.-152 Year-2026 Thana- BABUBARHI District- Madhubani
======================================================
Gulshan Kumar Yadav S/o Amirilal Yadav Resident of Village - Bardiwan, PS
- Town, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-04-2026 Heard Mr. Bhavesh Kumar Sah, learned counsel for
the petitioner and Mr. Abhay Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
24.03.2026, in connection with Babubarhi P.S. Case No. 152 of
2026 (G.R. Case No. 443 of 2026), F.I.R. dated 23.03.2026
registered for the offences punishable under Sections 30(a), 41
of the Bihar Prohibition & Excise Act.
3. Recovery is of 565.5 litres of illicit Nepali liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that it
appears from the F.I.R. as well as seizure list that nothing has
been recovered from the conscious possession of the petitioner
rather recovery has been made from the vehicle in question and
Patna High Court CR. MISC. No.28819 of 2026(2) dt.28-04-2026
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altogether 495 lires of illicit Nepali country made liquor was
recovered from the white Scorpio in question, 09 litres of illicit
Nepali foreign liquor was also recovered from the vehicle in
question and apart from aforesaid some other liquor were also
recovered from the other vehicle in question and altogether
565.5 litres of illicit Nepali liquor was recovered from two
vehicles in question. He further submits that the petitioner is
not owner of the vehicles in question. It appears from the F.I.R.
as well as seizure list that the seizure list witnesses are police
personnel so there is non-compliance of Sections 103 and 105 of
BNSS, 2023 and the petitioner is in custody since 24.03.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and
nothing has been recovered from the conscious possession of
the petitioner and there is non-compliance of Sections 103 and
105 of the BNSS, 2023, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge Excise Act,
Patna High Court CR. MISC. No.28819 of 2026(2) dt.28-04-2026
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Madhubani in connection with Babubarhi P.S. Case No. 152
(G.R. Case No. 443 of 2026), subject to the following
conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
Ibrar//- (Rajesh Kumar Verma, J)
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