Patna High Court
Gulshan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
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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