Patna High Court
Gautam PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted, subject to a bond and specified conditions.
Summary
The petitioner, Gautam Prasad, was arrested on 18 April 2026 in connection with a case involving the alleged possession of 215.96 litres of foreign liquor seized from an e‑rickshaw, under Section 30(a) of the Bihar Prohibition & Excise Act. He contended that he was not the owner of the vehicle, had a clean criminal record, and that the police had failed to comply with Sections 103 and 105 of the BNSS, 2023. The State opposed his bail application. The Court, noting the petitioner’s clean antecedents and the alleged procedural lapses, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the 2nd Exclusive Special Excise Judge, Saran at Chapra.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act in view of the alleged seizure of foreign liquor.
- Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023, justifies granting bail.
- Whether the petitioner’s claim of non‑ownership of the e‑rickshaw affects the bail decision.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- Bihar Prohibition & Excise Act
- foreign liquor
- seizure
- non‑ownership
- clean antecedent
- BNSS 2023
- Section 103
- Section 105
- excise
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33491 of 2026
Arising Out of PS. Case No.-220 Year-2026 Thana- RIVILGANJ District- Saran
======================================================
Gautam Prasad S/o Late Tarkeshwar Prasad @ Tarkeswar Parsad @ Tarkeshar
Sah R/o Village - (Nayaka) Nayka Barka Baiju Tola, P.S. -
Rivilganj(Revilganj), District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashad, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 14-05-2026 Heard Mr. Ashad, learned counsel for the petitioners
and Mr. Nirmal Kumar Sinha, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
18.04.2026, in connection with Revilganj P.S. Case No. 220 of
2026, F.I.R. dated 17.04.2026 registered for the offences
punishable under Section 30(a) of the Bihar Prohibition &
Excise Act.
3. Recovery is of 215.96 litres of foreign liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that it
appears from the F.I.R. as well as seizure list that altogether
215.96 litres of foreign liquor was recovered from E-Rickshaw.
Patna High Court CR. MISC. No.33491 of 2026(2) dt.14-05-2026
2/3
He further submits that the petitioner is not the owner of the E-
Rickshaw in question and the seizure list witnesses are police
personnel so there is non-compliance of Sections 103 and 105 of
BNSS, 2023 and the petitioner is in custody since 18.04.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedents and
there is non-compliance of Sections 103 and 105 of the BNSS,
2023, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned 02nd Exclusive Special Excise Judge, Saran at Chapra,
in connection with Revilganj P.S. Case No. 220 of 2026, subject
to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.33491 of 2026(2) dt.14-05-2026
3/3
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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