Patna High Court
Gabbar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
Gabbar Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 109.800 litres of liquor recovered from two sacks and two cartons. The petitioner contended that he was falsely implicated, that no incriminating material was found in his possession, and that he had no prior criminal record. He also highlighted that the recovery took place in an open area accessible to all and that the prosecution had not complied with Section 103 of the BNSS, 2023. The State opposed bail, but the Court, noting the petitioner’s clean antecedent, the length of his custody since 4‑December‑2025, and the lack of direct evidence, decided to grant bail. The bail was set at a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts and lack of incriminating material.
- Whether non‑compliance with Section 103 of the BNSS, 2023 affects the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- possession of liquor
- clean antecedent
- Section 103 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5898 of 2026
Arising Out of PS. Case No.-894 Year-2025 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Gabbar Kumar Son of Umashankar Prasad Resident of Village - Lakhpatiya
More Sareya Ward No.- 2, P.S. and District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Dubey, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Gopalganj PS Case No. 894 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 109.800 liters
liquor was recovered from two sacks and two cartoons.
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. It is submitted
that recovery is from an open place, which is accessible to one
Patna High Court CR. MISC. No.5898 of 2026(2) dt.31-01-2026
2/2
and all. The petitioner is in custody since 04.12.2025 and has
got no criminal antecedent/s. There is no compliance of Section
103 of the BNSS, 2023.
5. Learned A.P.P. 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, clean antecedent of the petitioner 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Gopalganj PS Case
No. 894 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
Checking your session…