Patna High Court
Gourav HuddaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court refused to grant bail to the petitioners.
Summary
The petitioners, Gourav Hudda and Mohit, were arrested as driver and co‑driver of a truck from which 6,147 litres of liquor were seized under Section 30(a) of the Bihar Prohibition and Excise Act. They applied for bail, claiming innocence, lack of knowledge about the cargo, no incriminating material in their possession, and no prior criminal record. The State opposed bail, emphasizing the large quantity of illicit liquor recovered. The court noted the seriousness of the offence and the substantial seizure, and found no sufficient ground to grant bail. Consequently, the bail application was rejected.
Issues considered
- Whether bail should be granted to the accused in a case involving seizure of a large quantity of liquor under the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise
- liquor seizure
- criminal procedure
- prohibition act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8572 of 2026
Arising Out of PS. Case No.-515 Year-2025 Thana- Excise P.S. District- Buxar
======================================================
1. Gourav Hudda S/O Late Sandeep Hudda Resident of Village- House No.-
1430, Chouthiyal Pana, Police Station- Madlodda, District- Panipath,
Haryana.
2. Mohit S/O Kramveer R/O Village- Naya Bans 33, P.S- Sapala, Distt.-
Rohtatak, Hariyana.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajiv Ranjan Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in Buxar Utpad P.S. case
No. 515 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 6147 liters
liquor was recovered from truck 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.8572 of 2026(2) dt.11-02-2026
2/2
have got no concern with the alleged recovery of liquor. It is
further submitted that petitioner No. 1 is driver and petitioner
No. 2 is co-driver of the truck in question. They have no
knowledge regarding the nature of goods kept in vehicle. The
petitioners are in custody since 12.12.2025 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. Huge
quantity of liquor has been recovered and the petitioner does not
deserve the bail.
6. Considering the aforesaid facts and circumstances
of the case and the fact that huge quantity of liquor has been
recovered, this Court is not inclined to grant bail to the
petitioners.
7. The prayer is rejected at this stage.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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