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Patna High Court

Gautam Kumar Rai @ Gautam ToofanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

Gautam Kumar Rai was arrested in connection with an alleged offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2016 for transporting illicit liquor. Police recovered 240 litres of country‑made liquor from a hand‑cart after a raid, but no contraband was found on the petitioner’s person or possessions. The petitioner applied for bail, asserting his innocence, clean antecedent, poverty and citing that a co‑accused had been granted anticipatory bail. The State opposed the bail application. Considering the absence of any recovery from the petitioner, his short period of custody and spotless record, 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 BNSS.

Issues considered

  • Whether bail should be granted when no material evidence has been recovered from the accused’s possession.
  • Whether the petitioner’s clean antecedent and economic status justify bail.
  • Whether the conditions prescribed in Section 480(3) of the BNSS are applicable to the bail order.

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • illicit liquor
  • Section 30
  • anticipatory bail
  • clean antecedent
  • poverty
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38348 of 2026
                      Arising Out of PS. Case No.-157 Year-2020 Thana- KHAJEKALA District- Patna
                 ======================================================
                 Gautam Kumar Rai @ Gautam Toofan Son of Ramvilash Rai Resident of
                 Village - Dullighat, Police Station- Khajekalan, District- Patna (Bihar)

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Akash Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Madan Kumar, 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 Khajekalan P.S. Case No. 157 of 2020

                   registered for the alleged offences under Section 30(a) of the

                   Bihar Prohibition & Excise Act, 2016.

                                03. As per prosecution case, police received a tip off

                   about petitioner and other co-accused persons transporting illicit

                   liquor. A raid was conducted at the identified place but the

                   miscreants fled away and from a handcart, recovery of 240 liters

                   of country made liquor kept in six jute bags was made. Nearby

                   persons disclosed the name of petitioner and others who fled

                   away from the spot.

                                04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.38348 of 2026(2) dt.17-06-2026
                                            2/3




          petitioner is innocent and has been falsely implicated in this

          case. Learned counsel further submits that the petitioner was not

          apprehended from the spot and nothing incriminating has been

          recovered from his person or possession. Recovery is said to be

          made from a cart in an open place and the petitioner could not

          be fastened with the liability of said recovery. Co-accused

          Arvind Rai has been granted anticipatory bail by a learned Co-

          ordinate Bench of this Court vide order dated 29.05.2025 passed

          in Criminal Misc. No. 36687 of 2025 and the case of the

          petitioner stands on much better footing. The petitioner is a poor

          person and working as a daily wage labourer. Learned counsel

          further submits that the petitioner is having clean antecedent and

          is in custody since 17.04.2026.

                       05. Learned APP for the State 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

          fact that no recovery has been shown from the possession of the

          petitioner and further 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
           Patna High Court CR. MISC. No.38348 of 2026(2) dt.17-06-2026
                                                       3/3




                     each to the satisfaction of learned Exclusive Special Judge,

                     Excise Act, Patna City/court concerned in connection with

                     Khajekalan P.S. Case No. 157 of 2020, subject to the conditions

                     mentioned in Section 480(3) of BNSS and the following

                     conditions:

                                  (i) One of the bailors will be a close relative of

                                  the petitioner.

                                  (ii) The petitioner will remain present 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)
Ashish/-

U      T


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