Gulshan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20384 of 2026 Arising Out of PS. Case No.-1 Year-2026 Thana- GHOSWARI District- Patna ====================================================== Ajeet Kumar S/O Sri Surendra Prasad Resident of Vill.- Karara, P.S.- Ghoswari, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 20952 of 2026 Arising Out of PS. Case No.-1 Year-2026 Thana- GHOSWARI District- Patna ====================================================== Gulshan Kumar Son of Sri Arun Mahto Resident of Village- Karara, P.S.- Ghoswari, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 20384 of 2026) For the Petitioner/s :
Mr. Kumar Manglam, Advocate For the Opposite Party/s :
Mr. Kanhiya Kishor, APP (In CRIMINAL MISCELLANEOUS No. 20952 of 2026) For the Petitioner/s :
Mr. Kumar Manglam, Advocate For the Opposite Party/s :
Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-03-2026 Heard Mr. Kumar Manglam, learned counsel for the petitioners and Mr. Kanhiya Kishor, learned Additional Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since 03.01.2026 in connection with Ghoswari P.S. Case No. 01 of 2026, F.I.R. dated 02.01.2026 for the offences punishable under
Patna High Court CR. MISC. No.20384 of 2026(2) dt.30-03-2026 2/3 Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.
3. Recovery is of 127.5 liters of foreign made liquor.
4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. The allegation as alleged in the F.I.R is false and fabricated and the petitioners have not committed any offence as alleged in the F.I.R. The recovery has been made from the house of the petitioner, namely, Ajeet Kumar but he was not present at the place of occurrence. Although the petitioner, namely, Gulshan Kumar was present at the place of occurrence. He further submits that there is noncompliance of Section 103/105 of the BNSS, 2023. The petitioners are in custody since 03.01.2026.
5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances that the petitioners have clean antecedent and there is noncompliance of Section 103/105 of the BNSS, 2023, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive
Patna High Court CR. MISC. No.20384 of 2026(2) dt.30-03-2026 3/3 Special Judge Excise, Barh, Patna in connection with Ghoswari P.S. Case No. 01 of 2026, subject to the following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T