Patna High Court
GULSHAN KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The High Court held that because the illicit liquor was not recovered from the petitioner's physical possession, bail should be granted subject to the conditions prescribed under Section 482(2) of the BNSS.
Summary
The petitioner, Gulshan Kumar, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Excise Act, with 100 litres of liquor recovered from a sack tied to a motorcycle. The petitioner argued that the liquor was not in his conscious possession, he was not arrested on the spot, and therefore he should not be detained. The prosecution opposed bail. The court examined the factual matrix and noted that the recovery was not made from the petitioner's physical possession. Consequently, the court directed that the petitioner be released on bail upon surrender within four weeks, subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the BNSS. The order effectively granted bail pending further proceedings in the underlying excise case.
Issues considered
- Whether the petitioner is entitled to bail when the seized illicit liquor was not recovered from his physical possession.
- Whether Section 482(2) of the BNSS permits the High Court to grant bail in such circumstances.
Legislation cited
- BNSS — s. 482(2)
- Excise Act — s. 30(a)
Subjects
- bail
- excise law
- illicit liquor
- Section 30 Excise Act
- Section 482 CrPC
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45988 of 2026
Arising Out of PS. Case No.-86 Year-2026 Thana- TANKUPPA District- Gaya
======================================================
GULSHAN KUMAR Son of Sanjay Yadav R/o Village - Sonabigha (Devra),
P.S.- Tankuppa, District - Gaya Ji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nafisu Zzoha
For the Opposite Party/s : Mr.Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-07-2026 Heard the parties
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Tankuppa P.S. Case
No. 86 of 2026 registered for the offences punishable under
Section 30(a) of Excise Act.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 100 litres of IMFL/country made liquor.
4.Learned counsel appearing on behalf of the petitioner
submitted that recovery of illicit liquor was made from sack tied
to motorcycle and petitioner is not connected in any manner with
recovery of illicit liquor. It is submitted that petitioner was not
arrested on the spot and nothing was recovered from the
conscious possession of this petitioner. Petitioner claimed clean
Patna High Court CR. MISC. No.45988 of 2026(2) dt.10-07-2026
2/2
antecedent.
5 Learned APP, opposed the prayer of bail.
6. In view of aforesaid factual and legal submission
and by taking note of fact as recovery of illicit liquor prima-facie
not appears to be made from the physical possession of the
petitioner, accordingly petitioner above-named, in the event of his
arrest or surrender before the court below within a period of four
weeks, is directed to be released on bail, 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 Spl.
Judge Excise 2, Gaya Ji /concerned Court, where the case is
pending in connection with Tankuppa P.S. Case No. 86 of 2026,
subject to the conditions as laid down under Section 482(2) of
BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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