Patna High Court
Gulshan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a), 32(c)
- B.N.S.S. — s. 480(3)
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
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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
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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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