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Patna High Court

Gulshan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to conditions under Section 480(3) of the B.N.S.S.

Summary

The petitioner, Gulshan Kumar, was arrested for alleged offences under Sections 30(a) and 32(c) of the Bihar Prohibition and Excise Act for allegedly carrying 100.50 litres of Nepali liquor. He contended that he was falsely implicated, that the police had acted in highhanded manner, that no incriminating material was recovered from him, and that the mandatory search and seizure provisions were not complied with. The prosecution opposed bail, but the court noted the petitioner’s clean antecedent, the length of his custody since 28‑04‑2026, and the lack of direct evidence linking him to the contraband. Considering these factors, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional specific conditions. The bail order required the petitioner’s presence at scheduled court dates and stipulated cancellation of bail upon non‑compliance.

Issues considered

  • Whether bail should be granted to the accused under Sections 30(a) and 32(c) of the Bihar Prohibition and Excise Act.
  • Whether the prosecution complied with the mandatory provisions of search and seizure.
  • Whether the petitioner’s clean antecedent and period of custody justify the grant of bail.

Legislation cited

Subjects

  • bail
  • excise offence
  • illegal liquor
  • search and seizure
  • clean antecedent
  • Bihar Prohibition and Excise Act
  • Section 480(3) B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37885 of 2026
                   Arising Out of PS. Case No.-414 Year-2026 Thana- EXCISE PUPRI District- Sitamarhi
                 ======================================================
                 Gulshan Kumar S/O Pappu Thakur R/O Vill.- Janakpur Road, Ward No.- 04,
                 P.S- Pupri, Distt.- Sitamarhi

                                                                                   ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dwij Raj, Advocate
                 For the Opposite Party/s :       Mr.Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Excise Pupri                P.S. Case No. 414 of 2026

                   registered for the alleged offences under Sections 30(a), 32(c)

                   of Bihar Prohibition and Excise Act.

                                03. As per prosecution case, the petitioner was

                   apprehended carrying 100.50 litres of country made Nepali

                   liquor.

                                04. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case and he has been made accused in this case merely on

                   suspicion. The person carrying the illicit liquor fled away and
Patna High Court CR. MISC. No.37885 of 2026(2) dt.17-06-2026
                                            2/3




          the petitioner was apprehended in highhandedness of the police.

          Nothing incriminating has been recovered from the person or

          possession of the petitioner. There is non-compliance of

          mandatory provision of search and seizure. The petitioner is not

          the owner of the seized motorcycle or the contraband recovered

          from it. The petitioner is having clean antecedent and he is in

          custody since 28.04.2026.

                       05. Learned APP opposes the submission made on

          behalf of the petitioner.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          period of custody of the petitioner and his clean antecedent, the

          petitioner above named is directed to 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 learned

          Exclusive Excise Court No. II, Sitamarhi/concerned Court in

          connection with Excise Pupri P.S. Case No. 414 of 2026, subject

          to the conditions mentioned in Section 480(3) of B.N.S.S. and

          also the following conditions :

                                          (i) One of the bailors will be a close

                                          relative of the petitioner.

                                          (ii) The petitioner will remain present
            Patna High Court CR. MISC. No.37885 of 2026(2) dt.17-06-2026
                                                        3/3




                                                      on each and every date fixed by the

                                                      court below.

                                                      (iii) In case of absence on three

                                                      consecutive dates or in violation of the

                                                      terms of the bail, the bail bond of the

                                                      petitioner will be liable to be cancelled

                                                      by the court concerned.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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