Patna High Court
Gulshan Kumar @ Gulshan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioner, subject to a bond of Rs. 10,000 and two sureties.
Summary
Gulshan Kumar Yadav was arrested in connection with the alleged recovery of 2,615.760 litres of liquor from two vehicles, under Sections 318(4), 317(5) and 61(2) of the Bihar Narcotic Substances Act and Sections 30(a), 32(ii)(iii), 36 and 41(ii) of the Bihar Excise Act. The petitioner, who has five prior cases, argued that he was not caught in possession, was not the owner of the seized vehicles, and was implicated solely on secret information without proper investigation. He had been in custody since 9 January 2026 and sought bail. The State opposed the bail application. The Court, after considering the submissions, granted bail on a bond of Rs. 10,000 with two sureties, directing release pending trial.
Issues considered
- Whether bail should be granted to the accused in offences under the Bihar Narcotic Substances Act and Bihar Excise Act where the accused claims lack of possession and reliance on secret information.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5), 318(4), 61(2)
Subjects
- bail
- excise offences
- liquor seizure
- secret information
- criminal procedure
- prior convictions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6268 of 2026
Arising Out of PS. Case No.-148 Year-2025 Thana- Chhaudahi District- Begusarai
======================================================
Gulshan Kumar @ Gulshan Yadav S/O Shyamdev Yadav Resident of Village -
Patahi, P.S- Chhaurahi,Dist.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarbottam Kumar Sarkar
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Sri Rabindra Kumar.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 318(4), 317(5) and 61(2) of
BNS and Sections 30(a), 32(ii)(iii), 36 and 41(ii) of the Bihar
Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of five cases and allegation is of
recovery of 2615.760 litres of liquor from two vehicles.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
any of the seized vehicles and he came to be implicated based
on secret information which is the easiest way to implicate
Patna High Court CR. MISC. No.6268 of 2026(2) dt.31-01-2026
2/2
someone. It is further submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation. It is also submitted that
petitioner is in custody since 9-1-2026.
5. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner.
6. Considering the submission made by learned
counsel for the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Chhaurahi P.S. Case
No. 148 of 2025.
(Satyavrat Verma, J)
Sumit/-
U T
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