IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35354 of 2026 Arising Out of PS. Case No.-240 Year-2026 Thana- AURANGABAD TOWN District- Aurangabad ====================================================== Gulshan Kumar @ Golu S/o Mukesh Singh Resident of Aurangabad, Gaytri Path Viman School ke Pas, P.S.- Town, District - Aurangabad (Bihar) ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Devesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 01-06-2026 Heard Mr. Devesh Kumar Singh, learned Advocate for the petitioner and Mr. Suresh Prasad Singh, learned Additional Public Prosecution for the State through virtual mode. 2. The petitioner apprehends his arrest in connection with Town P.S. Case No. 240 of 2026, registered for the offences punishable under Sections 30(a), 33, 34 of the Bihar Prohibition & Excise (Amendment) Act, 2022. 3. The police on a tip of trafficking of illicit wine, conducted raid and intercepted one XUV-500 bearing registration no. UP-16AP-8303 and apprehended two persons. On search, total 163.5 litres Indian made foreign liquor was recovered. The apprehended persons disclosed the name of the Patna High Court CR. MISC. No.35354 of 2026(2) dt.01-06-2026 2/3 seven persons as a trafficker of the illicit wine including the name of the petitioner, who is before this Court. 4. Learned Advocate for the petitioner submitted that except the disclosure made by the apprehended persons, the petitioner is neither the owner of the vehicle in question, nor he has any connection with the alleged recovered illicit wine. The materials collected during the course of investigation do not attract the rigors provided under Section 76(2) of the B.N.S.S., beside there is further violation of Sections 103 and 105 of the B.N.S.S. The name of the petitioner is said to have been implicated only on account of two criminal antecedents out of which, one has concerned with Excise Act. 5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that the petitioner bears two criminal antecedents and his name has been disclosed by the apprehended persons and as such, his complicity cannot be denied. 6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the fact that the petitioner has neither any concern with the vehicle in question from where recovery has been made, nor there is any cogent material attracting the rigors provided under Patna High Court CR. MISC. No.35354 of 2026(2) dt.01-06-2026 3/3 Section 76(2) of the Excise Act, as well as serious defiance in search and seizure, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-Cum-Exclusive Special Judge, Excise Court No. I, Aurangabad in connection with Town P.S. Case No. 240 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner. sadique/- (Harish Kumar, J) U T