Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45988 of 2026 Arising Out of PS. Case No.-86 Year-2026 Thana- TANKUPPA District- Gaya ====================================================== GULSHAN KUMAR Son of Sanjay Yadav R/o Village - Sonabigha (Devra), P.S.- Tankuppa, District - Gaya Ji.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisu Zzoha For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-07-2026 Heard the parties

2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Tankuppa P.S. Case No. 86 of 2026 registered for the offences punishable under Section 30(a) of Excise Act.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 100 litres of IMFL/country made liquor. 4.Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from sack tied to motorcycle and petitioner is not connected in any manner with recovery of illicit liquor. It is submitted that petitioner was not arrested on the spot and nothing was recovered from the conscious possession of this petitioner. Petitioner claimed clean

Patna High Court CR. MISC. No.45988 of 2026(2) dt.10-07-2026 2/2 antecedent.

5 Learned APP, opposed the prayer of bail.

6. In view of aforesaid factual and legal submission and by taking note of fact as recovery of illicit liquor prima-facie not appears to be made from the physical possession of the petitioner, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Spl. Judge Excise 2, Gaya Ji /concerned Court, where the case is pending in connection with Tankuppa P.S. Case No. 86 of 2026, subject to the conditions as laid down under Section 482(2) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T