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Patna High Court

Gulshan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The Court grants bail to the petitioner.

Summary

Gulshan Kumar was arrested in connection with a case involving the seizure of 4242.120 liters of foreign liquor, alleged to be offences under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act. The petitioner claimed he had no involvement, no incriminating material was found on him, and he had no prior criminal record, having been in custody since 4 April 2026. The State opposed bail, arguing the seriousness of the offences. The Court, after considering the facts, the period of custody, and the petitioner's clean record, decided to grant bail. He was ordered to furnish a bail bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the Special Judge, and the Court clarified that its observations were prima facie and not on the merits of the case.

Issues considered

  • Whether bail should be granted to the accused in a case under the Bihar Prohibition and Excise Act involving large quantity of foreign liquor.
  • Whether the petitioner’s lack of incriminating material and clean record justify bail despite the seriousness of the offences.

Legislation cited

Subjects

  • bail
  • prohibition
  • excise
  • liquor seizure
  • criminal procedure
  • preliminary observation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29991 of 2026
                      Arising Out of PS. Case No.-84 Year-2026 Thana- KARJA District- Muzaffarpur
                 ======================================================
                 Gulshan Kumar S/o- Arvind Singh R/v- Borwara (Purvi Tola) Ps- Karja Dist-
                 Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ratneshwar Prasad
                 For the Opposite Party/s :       Mr.Umanath Mishra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   06-05-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Karja

                   P.S. Case No. 84 of 2026 registered for the offences punishable

                   under Sections 30(a), 41, 47 of the Bihar Prohibition and Excise

                   Act.

                                3. The prosecution case is that 4242.120 liters of

                   foreign liquor was recovered.

                                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 is

                   in custody since 04.04.2026 and has got no criminal antecedent.
           Patna High Court CR. MISC. No.29991 of 2026(2) dt.06-05-2026
                                                       2/2




                                  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. 10,000/- (Rupees Ten Thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     Exclusive Special Judge Excise-II, Muzaffarpur/concerned

                     Court in connection with Karja P.S. No. 84 of 2026.

                                  8. It is made clear that any observation made herein is

                     prima facie in nature and limited solely for the purpose of

                     adjudication of the present bail application. Such observations

                     shall not be construed as an expression on the merits of the case

                     and shall not influence the trial or any other proceedings in any

                     manner.



                                                      (Ansul, J)
abhishekkr/-

U      T


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