Gulshan Kumar @ Gulshan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6268 of 2026 Arising Out of PS. Case No.-148 Year-2025 Thana- Chhaudahi District- Begusarai ====================================================== Gulshan Kumar @ Gulshan Yadav S/O Shyamdev Yadav Resident of Village - Patahi, P.S- Chhaurahi,Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarbottam Kumar Sarkar For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-01-2026 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State, Sri Rabindra Kumar. 2.

The petitioner seeks bail in a case registered for the offences punishable under Sections 318(4), 317(5) and 61(2) of BNS and Sections 30(a), 32(ii)(iii), 36 and 41(ii) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of five cases and allegation is of recovery of 2615.760 litres of liquor from two vehicles. 4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of any of the seized vehicles and he came to be implicated based on secret information which is the easiest way to implicate

Patna High Court CR. MISC. No.6268 of 2026(2) dt.31-01-2026 2/2 someone. It is further 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 also submitted that petitioner is in custody since 9-1-2026.

5.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

6.

Considering the submission made by learned counsel for the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond 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 Chhaurahi P.S. Case No. 148 of 2025.

(Satyavrat Verma, J) Sumit/- U T