Gautam KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43029 of 2026
                       Arising Out of PS. Case No.-278 Year-2026 Thana- Excise P.S. District- Purnia
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                 Gautam Kumar, Son of Gopal Kanjar, Resident of Village- Baghmara Rehika
                 Tola, Ward No. 08-, P.S.- K. Nagar, District- Purnea.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Praveen Kumar Agrawal, Advocate
                 For the Opposite Party/s :         Mrs.Pronoti Singh, APP
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                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   01-07-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Purnea (Sadar) Excise P.S. Case No. 278 of

                   2026, registered for the alleged offence under Sections 30(a) &

                   47 of the Bihar Prohibition & Excise Act.

                                3. As per prosecution case, the petitioner was

                   apprehended when the police stopped his E-rickshaw during

                   checking of vehicles and recovery of 35.670 liters of illicit

                   foreign liquor was made from the secret compartment of the E-

                   rickshaw.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. Nothing incriminating has been recovered from the
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          person/possession of the petitioner. The petitioner has no

          concern with the E-rickshaw or the seized illicit liquor. There is

          no independent witness to the alleged occurrence and there is

          violation of mandatory provision of law about the search and

          seizure. The petitioner is in custody since 08.05.2026 and is

          having clean antecedents.

                       5. Learned APP for the State opposes the submission

          made on behalf of the petitioner.

                       6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          nature of recovery and further considering the period of custody

          of the petitioner and his clean antecedents, 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 Special

          Excise Judge-II, Purnea/court concerned in connection with

          Purnea Sadar Excise P.S. Case No. 278 of 2026, 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
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                                  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)
V.K.Pandey/-

U      T