Patna High CourtCR. MISC./11524/2026bail granted

Gautam Kumar v. The State Of Bihar

2026-02-17Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11524 of 2026 Arising Out of PS. Case No.-5 Year-2026 Thana- Excise P.S. District- Araria ====================================================== Gautam Kumar, S/o- Shri Pawan Yadav @ Pawan Yadav @ Pawan Kumar Shashi, R/o - Farhi Koshikapur/Kharhi, Kushkapur, Ward No.01, P.S - Narpatganj, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Adv.

For the Opposite Party/s :

Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-02-2026 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Araria P.S. Case No. 05 of 2026 dated 04.01.2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 81 litres Nepali liquor from Apache motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that nothing has been recovered from the conscious possession of the petitioner. It is further

Patna High Court CR. MISC. No.11524 of 2026(2) dt.17-02-2026 2/2 submitted that the seized articles does not belong to the petitioner. The petitioner has no concern with the said illicit liquor. Only on the basis of suspicion, the petitioner has been made accused in this case. The petitioner is in custody since 05.01.2026, having no criminal antecedent and charge-sheet has been submitted in the case.

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

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cum-Exclusive Special Judge, Excise-II, Araria/Spl Excise Court-II, Araria or its available successor Court in connection with Araria P.S. Case No. 05 of 2026.

(Khatim Reza, J) prabhat/- U T