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Patna High Court

GULSHAN KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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