Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34907 of 2026 Arising Out of PS. Case No.-638 Year-2025 Thana- AGAMKUAN District- Patna ====================================================== Gulshan Kumar Son of Ravindra Mahto @ Ravindra Kumar Resident of Badi Pahadi, P.S.- Agamkuan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Asgher Najmi For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 20-05-2026 The matter has been taken up today through video conferencing.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner is apprehending his arrest in connection with Agamkuan PS Case No 638 of 2025 registered for the offence punishable under Sections 30 (a)/32 of the Bihar Prohibition and Excise Act.

4. As per the allegation, 2 liters of foreign liquor was recovered from a scooty and one Aditya Raj was arrested driving the said scooty.

5. Learned counsel for the petitioner has submitted that the petitioner has been made accused being the owner of the seized scooty in question from which alleged recovery has been made. It has further been submitted that the petitioner had given the motorcycle to Aditya Raj on good faith as he said that he needed the scooty to meet some medical emergency and, hence, was not aware of the evil design of the co-accused Aditya

Patna High Court CR. MISC. No.34907 of 2026(2) dt.20-05-2026 2/2 Raj. It has further been submitted that no procedure prescribed under Section 105 of the BNSS has been followed. It has also been submitted that at the time of seizure, the scooty was not under the control of the petitioner. It has lastly been submitted that the petitioner has got no criminal antecedents.

6. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Heard the parties and perused the record.

8. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory 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 court concerned, Patna City, in connection with Agamkuan PS Case No 638 of 2025 subject to the conditions as laid down under Section 482

(2) of the Bharitya Nagrik Suraksha Sanhita.

9. This application stands allowed.

(Praveen Kumar, J) M.E.H./- U