Patna High Court
Gajendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioner as the recovery was not from his conscious possession and he had been in custody for an extended period.
Summary
The petitioner, Gajendra Kumar, was arrested in connection with the recovery of 115 litres of illicit "Desi Chulai" liquor from a house, under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amendment). He had been in custody since March 3, 2026, and argued that the liquor was not recovered from his conscious possession. The State opposed bail, contending the seriousness of the offence. The Court noted the lack of evidence that the liquor was in the petitioner's conscious possession and considered the length of his pre‑trial detention. Consequently, the Court granted bail on a bond of Rs.10,000 with two sureties, emphasizing that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amendment) when the alleged contraband was not recovered from his conscious possession.
Legislation cited
Subjects
- bail
- excise
- possession
- criminal procedure
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39242 of 2026
Arising out of PS. Case No.-47 Year-2026 Thana- CHHATAPUR District- Supaul
======================================================
Gajendra Kumar (Male), aged about 25 years, S/o Late Sadanand Mandal,
resident of village- Divaha, P.S.- Chhatapur, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shatrughna Pandey, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Chhatapur P.S. Case No.
47 of 2026 registered under Section 30(a) of the Bihar
Prohibition and Excise Act, 2022 (Amendment).
3. The allegation is that 115 litres of Desi Chulai
liquor was recovered from the premises of a house.
4. Learned counsel for the petitioner submits that the
recovery has not been made from the conscious possession of
the petitioner. He further submits that the petitioner is in custody
since 03.03.2026.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering that the recovery has not been made
Patna High Court CR. MISC. No.39242 of 2026(2) dt.17-06-2026
2/2
from the conscious possession of the petitioner and the
petitioner is in custody since 03.03.2026, this Court is inclined
to grant bail to the petitioner.
7. Let the petitioner, above named, 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 Court of P.O. Exclusive
Special Excise Court-1, Supaul in connection with
Chhatapur P.S. Case No. 47 of 2026.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.