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Patna High Court

Gulshan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner with specified monetary and attendance conditions.

Summary

Gulshan Kumar was arrested in connection with the recovery of 568.8 liters of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Case No. 118 of 2024). He had been in custody since 27 October 2025 and applied for bail, asserting his innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail application. The Patna High Court, after considering the facts and submissions, granted bail on the condition that Kumar furnish a bail bond of Rs. 10,000 with two sureties of equal amount, deposit Rs. 25,000 with the Ramakrishna Mission Ashram, and present the receipt. Additionally, he was directed to attend the Chakmehsi Police Station every Sunday of each month, with non‑appearance leading to cancellation of bail.

Issues considered

  • Whether bail can be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for possession of illicit liquor
  • What conditions may be imposed on bail in such a case

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • criminal procedure
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44894 of 2026
                   Arising Out of PS. Case No.-118 Year-2024 Thana- CHACKMEHSI District- Samastipur
                 ======================================================
                 Gulshan Kumar Son of Pappu Thakur @ Nagdevnarayan Thakur Resident of
                 village - Malinagar, Police Station - Chakmehsi, District - Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pramod Kumar Singh
                 For the Opposite Party/s :       Mr.Shyameshwar Dayal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-07-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner seeks bail in connection with

                   Chakmehsi P.S. Case No. 118 of 2024 registered for the offence

                   under Sections 30(a) of the Bihar Prohibition and Excise Act,

                   2022.

                                 3. The recovery is of 568.8 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 27.10.2025.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt.

                                 6. Learned APP appearing for the State opposes the

                   prayer for bail of the petitioner.
          Patna High Court CR. MISC. No.44894 of 2026(2) dt.09-07-2026
                                                      2/2




                                  7. Considering the facts and circumstances of the

                    case and submissions of learned counsel for the petitioner, let

                    the petitioner, above named, be released on bail upon furnishing

                    bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

                    like amount each to the satisfaction of the learned concerned

                    Court below in connection with Chakmehsi P.S. Case No. 118 of

                    2024.

                                  8. This is also subject to the condition that the

                    petitioner shall deposit an amount of Rs. 25,000/- in

                    Ramakrishna Mission Ashram, Bela, Muzaffarpur and produce

                    the receipt of the same before the Court below. The bail bonds

                    of the petitioner shall be accepted after verifying the

                    genuineness of the receipt produced by the petitioner.

                                    9. As a condition of this order, the petitioner after

                    being released on bail is directed to mark his attendance at

                    Chakmehsi Police Station on every Sunday of each month. Any

                    default in appearance at the police station will result in

                    cancellation of bail bonds of the petitioner.



                                                            (Sandeep Kumar, J)
Vikas/-

U


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