Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69031 of 2025 Arising Out of PS. Case No.-266 Year-2025 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Gautam Kumar S/o Ghanshyam Yadav Resident of Heeratol, Ward No. 2, P.S.- Sahebpur Kamal, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Ankita Kumari, Advocate For the Opposite Party/s :

Mr.Ahmad Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sahebpur Kamal P.S. Case No. 266 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 113.715 liters liquor was recovered, out of which 13.875 litres of liquor was recovered from cowshed of the petitioner and 99.840 litres of liquor was recovered from the house of petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.69031 of 2025(4) dt.11-12-2025 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner further submitted that the recovery has been made from cowshed, which is an open place and is accessible to public at large. The petitioner is not indulged in any kind of manufacturing or trade of any kind of liquor. The petitioner is in custody since 10.09.2025 and has got one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sahebpur Kamal P.S. Case No. 266 of 2025.

(Rudra Prakash Mishra, J) manish/- U T