Patna High CourtCR. MISC./1947/2026bail granted

Kaushal Kumar v. The State Of Bihar

2026-01-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1947 of 2026 Arising Out of PS. Case No.-172 Year-2025 Thana- Gurupa District- Gaya ====================================================== Kaushal Kumar Son of Late Dinesh Yadav Resident of Village- Mobarakchak, P.S.- Muffasil, District- Gayaji ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gurpa PS Case No. 172 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 616.875 liters of foreign liquor was recovered from the sumo car.

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. Learned counsel for the petitioner submits that the petitioner is the driver of the vehicle in question and he has no knowledge regarding the

Patna High Court CR. MISC. No.1947 of 2026(2) dt.19-01-2026 2/2 nature of goods kept in the vehicle. The petitioner is in custody since 24.11.2025 and has got no criminal antecedent. There is no compliance of Section 103 of the BNSS, 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 Gurpa PS Case No. 172 of 2025. (Rudra Prakash Mishra, J) Siddharth Soni/- U T