Patna High Court
Gauri Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing release upon furnishing a bail bond with two sureties.
Summary
The petitioner, Gauri Shankar Kumar, was arrested in connection with the seizure of 288 litres of illicit liquor from a vehicle, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274 and 275 of the Bihar Narcotic Substances Act. The petitioner contended that he was merely a passenger, had no possession of the liquor, and that the police failed to comply with Section 105 of the BNSA while preparing the seizure list. He also highlighted his clean criminal record and that he had been in judicial custody since 27‑02‑2026. The State opposed the bail application. After hearing both sides, the High Court found merit in the petitioner’s arguments and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Bettiah.
Issues considered
- Whether a passenger in a vehicle from which illicit liquor is seized can be granted regular bail under the Bihar Prohibition and Excise Act and the Bihar Narcotic Substances Act.
- Whether non‑compliance with Section 105 of the BNSA in preparing the seizure list warrants bail.
- Whether the petitioner’s clean criminal record and custodial duration affect the bail decision.
Legislation cited
- Bihar Narcotic Substances Act — s. 105, 274, 275
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- illicit liquor
- prohibition law
- seizure procedure
- passenger liability
- Section 105 compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30838 of 2026
Arising Out of PS. Case No.-39 Year-2026 Thana- BALTHAR District- West Champaran
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Gauri Shankar Kumar S/O Kishori Mahato Resident Of Village- Turha Patti
Lala Tola, PS- Sirisiya, Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Kishun Prasad, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30(a) of the
Bihar Prohibition and Excise Act and Sections 274 and 275 of
B.N.S.
3. The case of the prosecution is that from a vehicle,
altogether 288 liters of illicit liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. Learned counsel
has submitted that petitioner is merely a passenger of the alleged
vehicle. He has no concern with the alleged recovery. The
Patna High Court CR. MISC. No.30838 of 2026(2) dt.07-05-2026
2/2
witnesses of the seizure list are police personnel and police has
not complied Section 105 of BNSS while preparing seizure list.
A statement has been made in para-3 of this petition that the
petitioner has got no criminal antecedent. Moreover, he is
languishing in judicial custody since 27.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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. The above named
petitioner is directed to be released on bail in connection with
Balthar P.S. Case No. 39 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Bettiah, West Champaran.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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