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2026 DAILYLAW 45658 (PAT)

Gulshan Kumar @ Gulshal Kumar @ Lulha v. The State of Bihar

CR. MISC./89812/2025 · 2026-01-19

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89812 of 2025 Arising Out of PS. Case No.-447 Year-2025 Thana- BAKHTIYARPUR District- Patna ====================================================== Gulshan Kumar @ Gulshal Kumar @ Lulha S/O Late Awadhesh Rai Resident of Village - Abbu Mohamadpur,P.S- Bakhtiyarpur. District- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rakesh Bihari Singh, Advocate For the Opposite Party/s : Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary. 2. The petitioner seeks bail in Bakhtiyarpur P.S. case No. 447 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 122.750 liters liquor was recovered from two houses out of which 61.250 liters liquor was recovered from the house of the 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 no concern with the alleged recovery of liquor. It is Patna High Court CR. MISC. No.89812 of 2025(3) dt.19-01-2026 2/2 further submitted that the recovery is made from the joint house of the petitioner where other family members also reside. The name of the petitioner has transpired on the basis of disclosure made by local chowkidar. The petitioner is in custody since 10.10.2025 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023. 5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bakhtiyarpur P.S. case No. 447 of 2025. Pankaj/- (Rudra Prakash Mishra, J) U T