Patna High CourtCR. MISC./4917/2026bail granted

Gaurav Kumar v. The State Of Bihar

2026-01-29Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4917 of 2026 Arising Out of PS. Case No.-261 Year-2025 Thana- EXCISE KATORIYA District- Banka ====================================================== Gaurav Kumar Son of Suresh Thakur Resident of Village- Daniyapur (Teghra )Ps - Teghra, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Advocate For the Opposite Party/s :

Ms.Gulnar Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Katoriya Excise P.S. Case No. 261 of 2025, instituted for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 1342.08 liters liquor was recovered from truck. Petitioner was arrested on the spot.

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. The petitioner is

Patna High Court CR. MISC. No.4917 of 2026(2) dt.29-01-2026 2/2 co-driver of the vehicle and he has no knowledge regarding nature of goods loaded on the vehicle. The petitioner is in custody since 19.12.2025 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP 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/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Katoriya Excise P.S. Case No. 261 of 2025.

(Rudra Prakash Mishra, J) manish/- U T