Patna High Court
Gaurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Gaurav Kumar was arrested on 19‑12‑2025 after a truck was found carrying 1,342.08 litres of liquor, leading to charges under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely the co‑driver, had no knowledge of the contraband, and that no incriminating material was found in his possession. He also highlighted his clean criminal record and the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offences. Considering the lack of direct evidence, the petitioner’s innocence claim, and the procedural lapse, the Court inclined to grant bail. Accordingly, the petitioner was released on a bail bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the petitioner poses a flight risk or risk of tampering with evidence.
Legislation cited
Subjects
- bail
- excise
- liquor seizure
- Bihar Prohibition and Excise Act
- criminal procedure
- Section 103
- Bharatiya Nagarik Suraksha Sanhita
- co‑driver
- no prior record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4917 of 2026
Arising Out of PS. Case No.-261 Year-2025 Thana- EXCISE KATORIYA District- Banka
======================================================
Gaurav Kumar Son of Suresh Thakur Resident of Village- Daniyapur
(Teghra )Ps - Teghra, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey, Advocate
For the Opposite Party/s : Ms.Gulnar Begum, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Katoriya Excise P.S. Case No. 261 of 2025, instituted for the
offences punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 1342.08
liters liquor was recovered from truck. Petitioner was arrested
on the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. The petitioner is
Patna High Court CR. MISC. No.4917 of 2026(2) dt.29-01-2026
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co-driver of the vehicle and he has no knowledge regarding
nature of goods loaded on the vehicle. The petitioner is in
custody since 19.12.2025 and has got no criminal antecedent.
There is no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Katoriya Excise P.S.
Case No. 261 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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