Patna High CourtCR. MISC./39242/2026bail granted

Gajendra Kumar v. The State Of Bihar

2026-06-17Mr. Justice Ansul2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39242 of 2026 Arising out of PS. Case No.-47 Year-2026 Thana- CHHATAPUR District- Supaul ====================================================== Gajendra Kumar (Male), aged about 25 years, S/o Late Sadanand Mandal, resident of village- Divaha, P.S.- Chhatapur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 17-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in Chhatapur P.S. Case No. 47 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amendment).

3. The allegation is that 115 litres of Desi Chulai liquor was recovered from the premises of a house.

4. Learned counsel for the petitioner submits that the recovery has not been made from the conscious possession of the petitioner. He further submits that the petitioner is in custody since 03.03.2026.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering that the recovery has not been made

Patna High Court CR. MISC. No.39242 of 2026(2) dt.17-06-2026 2/2 from the conscious possession of the petitioner and the petitioner is in custody since 03.03.2026, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of P.O. Exclusive Special Excise Court-1, Supaul in connection with Chhatapur P.S. Case No. 47 of 2026.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Ansul, J) Vikash/- U T