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
- Bihar Prohibition and Excise Act — s. 30(a), 41, 47
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.