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Patna High Court

Gaurav Kumar @ MunchunversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court inclined to release the petitioner on bail.

Summary

The petitioner, Gaurav Kumar, was arrested in connection with a case registered under Sections 30(a) and 41(1) of the Bihar Prohibition & Excise Act, 2022. He contended that he was not named in the FIR, was not present at the scene, and that no material evidence linked him to the alleged recovery. The petitioner had been in custody since 31 March 2026 and had one prior similar case for which he was already on bail. The State opposed the bail application. Considering the lack of substantive evidence and the circumstances presented, the Court ordered the petitioner’s release on regular bail upon furnishing a bail bond of Rs. 20,000 with two sureties of equal amount.

Issues considered

  • Whether regular bail should be granted to the petitioner in a case under the Bihar Prohibition & Excise Act, 2022 given the alleged lack of material evidence and his custody status.

Legislation cited

Subjects

  • bail
  • regular bail
  • criminal procedure
  • Bihar Prohibition & Excise Act
  • section 30(a)
  • section 41(1)
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32054 of 2026
                     Arising Out of PS. Case No.-87 Year-2026 Thana- MEHANDIGANJ District- Patna
                 ======================================================
                 Gaurav Kumar @ Munchun S/o Rajesh Kumar Singh R/o - Maheshpur, Badi
                 Akhara Shiv Mandir, P.S.- Mahediganj, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Krishna Kant Singh, Adv.
                 For the Opposite Party/s :      Mr.Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-05-2026                  Heard the parties.

                                2. Petitioner seeks regular bail in connection with

                   Mehandiganj P.S. Case No. 87/ 2026 registered for the

                   offence(s) punishable under Sections 30(a) and 41(1) of the

                   Bihar Prohibition & Excise Act, 2022.

                                3. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. It is further submitted that the petitioner is neither

                   named in the FIR nor arrested from the place of occurrence and

                   no recovery has been from the conscious possession or at the

                   instance of the petitioner. The petitioner was not present at the

                   place of occurrence at the relevant time. It is also submitted that

                   except mere suspicion and bald allegation, there is no

                   independent material connecting the petitioner with the alleged
            Patna High Court CR. MISC. No.32054 of 2026(2) dt.12-05-2026
                                                        2/2




                      recovery. Learned counsel further submits that the petitioner has

                      remained in custody since 31.03.2026 and the petitioner has

                      only one antecedent of similar nature in which he is already on

                      bail.

                                   4. The learned APP appearing for the State has

                      opposed the bail prayer of the petitioner.

                                   5. In the facts and circumstances of this case and

                      considering the aforesaid submissions advanced by the

                      petitioner’s counsel as well as averments made in this petition,

                      this court is inclined to release the petitioner on bail.

                      Accordingly, let the petitioner named-above be released on bail

                      in connection with Mehandiganj P.S. Case No. 87/ 2026 on

                      furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand)

                      with two sureties of the like amount each to the satisfaction of

                      the Court concerned.



                                                (Shailendra Singh, J)
BKS/-

U       T


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