Patna High Court
Shri Gaurav Kumar Singh @ Gaurav Kumar Singh @ Gaurav SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Gaurav Kumar Singh, was arrested in connection with the alleged recovery of 167.25 litres of liquor from an agricultural field, under Section 30(a) of the Bihar Excise Act. He has four prior cases, three under the excise law, but was acquitted in one. The petitioner argued that he was not caught in possession and that the case against him relied solely on a confessional statement made by another accused while in police custody, which he claimed lacks evidentiary value. The State opposed bail, citing the seriousness of the offence. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, directing compliance with the trial court’s conditions.
Issues considered
- Whether bail should be granted to an accused under Section 30(a) of the Bihar Excise Act when the alleged offence is based on a confessional statement and no liquor was recovered from the accused’s possession.
Subjects
- bail
- excise law
- Section 30(a)
- confessional statement
- police custody
- prior cases
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91785 of 2025
Arising Out of PS. Case No.-56 Year-2022 Thana- VIDYAPATINAGAR District- Samastipur
======================================================
Shri Gaurav Kumar Singh @ Gaurav Kumar Singh @ Gaurav Singh S/O Late
Lalan Singh R/o Village - Alampur Simari, Ward No. 4, P.S.- Vidyapatinagar,
District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anant Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases out of which three cases
are under the excise act, but then petitioner was acquitted in one
of the cases and allegation is of recovery of 167.25 liters of
liquor from an agricultural field of Navin Jha.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he came to be
Patna High Court CR. MISC. No.91785 of 2025(2) dt.30-01-2026
2/2
implicated based on confessional statement of Vikash in police
custody which does not have any evidentiary value. It is also
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
further submitted that petitioner is in custody since 28.11.2025.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds 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
Vidyapatinagar P.S. Case No. 56 of 2022.
(Satyavrat Verma, J)
Rishabh/-
U T
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