Patna High Court
Gulshan Kumar @ Gulshal Kumar @ LulhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
Gulshan Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 122.75 litres of liquor was recovered from two houses, including 61.25 litres from his residence. The petitioner claimed he was falsely implicated, asserting no incriminating material was found in his conscious possession and that the recovery was from a joint family house based on a chowkidar's disclosure. He also highlighted his single prior criminal antecedent and the lack of compliance with Section 103 of the B.N.S.S., 2023. The State opposed bail, but the court, considering the circumstances and the period of custody, decided to grant bail. The petitioner was ordered to be released on furnishing a bail 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 given the facts of the case.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89812 of 2025
Arising Out of PS. Case No.-447 Year-2025 Thana- BAKHTIYARPUR District- Patna
======================================================
Gulshan Kumar @ Gulshal Kumar @ Lulha S/O Late Awadhesh Rai Resident
of Village - Abbu Mohamadpur,P.S- Bakhtiyarpur. District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Bihari Singh, Advocate
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in Bakhtiyarpur P.S. case
No. 447 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 122.750 liters
liquor was recovered from two houses out of which 61.250
liters liquor was recovered from the house of the petitioner.
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
Patna High Court CR. MISC. No.89812 of 2025(3) dt.19-01-2026
2/2
further submitted that the recovery is made from the joint house
of the petitioner where other family members also reside. The
name of the petitioner has transpired on the basis of disclosure
made by local chowkidar. The petitioner is in custody since
10.10.2025 and has got one 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 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bakhtiyarpur P.S.
case No. 447 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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