Patna High Court
Gunjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioners.
Summary
The petitioners, Gunjan Kumar and Kameshwar Rai, were arrested in Madhuban, East Champaran, for alleged possession of 483.84 litres of liquor, contravening Section 30(a) of the Bihar Prohibition and Excise Act. They contended that the liquor was recovered from an open public area, that they had no conscious possession, and that the police had falsely implicated them without any incriminating material. The petitioners also highlighted their clean criminal record and the alleged non‑compliance with Section 103 of the B.N.S.S., 2023. The State opposed the bail application. Considering the lack of direct evidence, the petitioners’ clean antecedent and the duration of custody, the Court inclined to grant bail. The Court ordered release on bail with a bond of Rs.15,000 each and 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.
- Whether the prosecution complied with the procedural requirements of Section 103 of the B.N.S.S., 2023.
- Whether the absence of direct possession and the petitioners’ clean antecedent justify bail.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- liquor seizure
- false implication
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8049 of 2026
Arising Out of PS. Case No.-488 Year-2025 Thana- MADHUBAN District- East Champaran
======================================================
1. Gunjan Kumar S/o Achhelal Rai Resident of village - Banjariya, P.S -
Madhuban, District - East Champaran
2. Kameshwar Rai S/o Krishnadev Rai @ Krishandev Ray Resident of village -
Banjariya, P.S - Madhuban, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mrs.Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in Madhuban P.S. case No.
488 of 2025 instituted for the offences under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 483.84 liters
liquor was recovered from field and the petitioners were
arrested on spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioners. The petitioners
Patna High Court CR. MISC. No.8049 of 2026(2) dt.10-02-2026
2/2
have got no concern with the alleged recovery of liquor. It is
further submitted that recovery has been made from an open
place accessible to public at large. The petitioners have been
falsely implicated by the police with ulterior motive. The
petitioners are in custody since 30.12.2025 and have got no
criminal antecedent. There is no compliance of Section 103 of
B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent and the period of custody
undergone by the petitioners, this Court is inclined to grant bail
to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Madhuban P.S. case
No. 488 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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