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Patna High Court

Gautam Kumar @ Gautam RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court ordered that the petitioner be enlarged on bail subject to a Rs.10,000 bond and two sureties of the same amount.

Summary

The petitioner, Gautam Kumar, was arrested in a raid on alleged illicit liquor manufacturing and charged under sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, 2016. The prosecution recovered 40 litres of country liquor and related equipment, but no incriminating material was found on the petitioner’s person. The petitioner contended that he was falsely implicated, had no criminal antecedent, and that a co‑accused had already been released on bail. The State opposed the bail application. Considering the nature of the allegations, the petitioner’s clean record, the prior bail to the co‑accused, and the fact that the petitioner had been in custody since 21‑May‑2026, the Court ordered his release on bail. Bail was conditioned on a bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the Exclusive Special Excise Court, Sheikhpura.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, 2016.
  • Whether the absence of incriminating articles on the petitioner and his lack of prior criminal record justify granting bail.
  • Whether bail can be granted subject to a monetary bond and sureties.

Legislation cited

Subjects

  • regular bail
  • prohibition law
  • excise law
  • illicit liquor manufacturing
  • criminal antecedent
  • surety bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40214 of 2026
                   Arising Out of PS. Case No.-127 Year-2026 Thana- SHEKHPURA District- Sheikhpura
                 ======================================================
                 Gautam Kumar @ Gautam Ram Son of Arun Ram Resident of Village-
                 Budhauli, P.S.- Sheikhpura, District- Sheikhpura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sheo Nandan Prasad, Advocate
                 For the Opposite Party/s :       Mr. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   01-07-2026                    1. Heard learned counsel for the parties.

                                   2. The petitioner has preferred this application for

                   grant of regular bail in connection with Shekhpura P.S.Case no.

                   127 of 2026 registered under sections 30(a) and 30(c) of the

                   Bihar Prohibition and Excise Act, 2016.

                                3. As per the prosecution case, on secret information

                   having been received about manufacture of liquor being carried

                   out by the accused persons, it is stated that a raid was

                   conducted. Three accused persons including the petitioner

                   herein were caught. 40 litres of country liquor besides other

                   articles used in the manufacture of liquor was recovered.

                           4. Learned counsel for the petitioner submits that no

                   incriminating article has been recovered from the petitioner's

                   possession nor as alleged in the FIR. The petitioner has been
          Patna High Court CR. MISC. No.40214 of 2026(2) dt.01-07-2026
                                                      2/2




                    falsely implicated in the case. He has no criminal antecedent

                    and coaccused Chandan Kumar has been enlarged on bail vide

                    order dated 22.6.2026 passed in Cr. Misc. no. 38927 of 2026.

                                 5. The application for bail is opposed by learned APP

                    for the State.

                                  6. Having heard learned counsel for the parties and

                    taking into consideration the nature of allegation in the FIR, the

                    petitioner having remained in custody since 21.5.2026, grant of

                    bail to coaccused Chandan Kumar vide aforesaid dated

                    22.6.2026 and especially the petitioner not having any criminal

                    antecedent, the Court directs the petitioner to be enlarged on bail in

                    connection with Shekhpura P.S. Case no. 127 of 2026 on furnishing

                    bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of

                    the like amount each to the satisfaction of the learned Exclusive

                    Special Excise Court, Sheikhpura.



                                                                    (Partha Sarthy, J)
Bibhash

U     T


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