Patna High Court
Gaurav Kumar @ MunchunversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
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
- Bihar Prohibition & Excise Act, 2022 — s. 30(a), 41(1)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.