Patna High Court
Gulshan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to a bail bond and conditions under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.
Summary
The petitioner, Gulshan Kumar, sought anticipatory bail in connection with a case under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act, where 2 litres of foreign liquor were recovered from a scooty driven by Aditya Raj. Kumar claimed he had lent the scooty in good faith for a medical emergency and was unaware of the co‑accused's illicit intent, asserting that the vehicle was not under his control at the time of seizure. He also contended that the procedural requirements of Section 105 of the BNSS were not complied with and highlighted his clean criminal record. The State opposed the bail, arguing the seriousness of the offence. After hearing both sides, the court held that the petitioner could be granted anticipatory bail, subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita, provided he surrenders within six weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite alleged involvement in an offence under Sections 30(a)/32 of the Bihar Prohibition and Excise Act.
- Whether the seizure and charge complied with the procedural requirements of Section 105 of the BNSS.
- Whether the conditions prescribed under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita justify the grant of anticipatory bail.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 32
- BNSS — s. 105
Subjects
- anticipatory bail
- foreign liquor
- seizure
- ownership
- Bihar Prohibition and Excise Act
- Section 105 BNSS
- Section 482(2) Bharitya Nagrik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34907 of 2026
Arising Out of PS. Case No.-638 Year-2025 Thana- AGAMKUAN District- Patna
======================================================
Gulshan Kumar Son of Ravindra Mahto @ Ravindra Kumar Resident of Badi
Pahadi, P.S.- Agamkuan, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Syed Asgher Najmi
For the Opposite Party/s : Mr.Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 20-05-2026 The matter has been taken up today through video
conferencing.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The petitioner is apprehending his arrest in
connection with Agamkuan PS Case No 638 of 2025 registered
for the offence punishable under Sections 30 (a)/32 of the Bihar
Prohibition and Excise Act.
4. As per the allegation, 2 liters of foreign liquor was
recovered from a scooty and one Aditya Raj was arrested
driving the said scooty.
5. Learned counsel for the petitioner has submitted
that the petitioner has been made accused being the owner of the
seized scooty in question from which alleged recovery has been
made. It has further been submitted that the petitioner had
given the motorcycle to Aditya Raj on good faith as he said that
he needed the scooty to meet some medical emergency and,
hence, was not aware of the evil design of the co-accused Aditya
Patna High Court CR. MISC. No.34907 of 2026(2) dt.20-05-2026
2/2
Raj. It has further been submitted that no procedure prescribed
under Section 105 of the BNSS has been followed. It has also
been submitted that at the time of seizure, the scooty was not
under the control of the petitioner. It has lastly been submitted
that the petitioner has got no criminal antecedents.
6. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail of the petitioner.
7. Heard the parties and perused the record.
8. Considering the aforesaid facts and circumstances
of the case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail bond of Rs
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
Patna City, in connection with Agamkuan PS Case No 638 of
2025 subject to the conditions as laid down under Section 482
(2) of the Bharitya Nagrik Suraksha Sanhita.
9. This application stands allowed.
(Praveen Kumar, J)
M.E.H./-
U
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