Patna High Court
Gaurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail is granted to the petitioner on furnishing a bond of Rs.10,000 with two sureties of equal amount.
Summary
The petitioner, Gaurav Kumar, was arrested in connection with the recovery of 157.485 litres of illicit foreign liquor from a vehicle, under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. He contended that no incriminating article was found in his conscious possession, he has no prior criminal record, and he has been in custody since 2 April 2026. The State opposed bail, arguing the seriousness of the offence. The Court noted the absence of any seized article on the petitioner, his clean antecedent, and the period of detention, and therefore inclined to grant bail. Bail was ordered on a bond of Rs.10,000 with two sureties of the same amount, subject to the conditions specified, and the observations were limited to the bail application and not the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 given the facts of the case.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- Section 30(a)
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34890 of 2026
Arising out of PS. Case No.-186 Year-2026 Thana- KATEYA District- Gopalganj
======================================================
Gaurav Kumar Son of Harshvardhan Singh @ Harshbardhan Singh Resident
of Village- Raudi Pokhar, P.S.- Lalganj, District- Vaishali, State- Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Ray, Adv.
For the Opposite Party/s : Mr. Md. Nazir Ansari,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Kateya P.S. Case No. 186
of 2026 registered under Section 30(a) of Bihar Prohibition and
Excise Act, 2022.
3. The allegation is that 157.485 litres of illicit foreign
liquor was recovered from a white coloured car bearing
Registration No. BR01CU2932.
4. Learned counsel for the petitioner submits that
nothing incriminating article was recovered from the conscious
possession of the petitioner. He further submits that the
petitioner has no criminal antecedent and is in custody since
02.04.2026.
5. Learned Additional Public Prosecutor for the State
Patna High Court CR. MISC. No.34890 of 2026(2) dt.20-05-2026
2/2
has vehemently opposed the prayer for bail of the petitioner.
6. Considering that nothing incriminating article was
recovered from the conscious possession of the petitioner and
the petitioner is in custody since 02.04.2026 having no criminal
antecedent, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner, above named, be released
on bail on furnishing bail bonds of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to
the satisfaction of the learned D.A.J. XIII-cum-
E.S.E.C.-I Gopalganj, in connection with Kateya P.S.
Case No. 186 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)
Vikash/-
U T
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