Patna High Court
Gautam Kumar Rai @ Gautam ToofanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Prohibition & Excise Act, 2016 — s. 30(a)
- BNSS — s. 480(3)
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
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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
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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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