Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners, finding no sufficient grounds to deny it.
Summary
The petitioners, Golu Kumar and Akhilesh Kumar Paswan, were arrested on 7 November 2025 after 60 litres of illicit country-made liquor was recovered from a motorcycle. They claimed innocence, asserting that the motorcycle belonged to the sister-in-law of the second petitioner and that they were merely passersby with no possession of the liquor. The petitioners had no prior criminal record and argued that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was not complied with. The State opposed bail, but the Court considered the lack of incriminating material, the short period of custody, and the petitioners' clean record. Consequently, the Court granted bail, ordering each petitioner to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of incriminating material.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- excise
- prohibition
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3686 of 2026
Arising Out of PS. Case No.-285 Year-2025 Thana- EXCISE MADHUBAN District- East
Champaran
======================================================
1. Golu Kumar S/o Late Rajendra Paswan R/o Village - Bara Govind, P.S -
Chakiya, District - East Champaran
2. Akhilesh Kumar Paswan S/o Ramashish Paswan R/o Village - Bara Govind,
P.S - Chakiya, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suraj Kumar Tiwari, Advocate
For the Opposite Party/s : Mr.Nagendra Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Excise
Madhuban P.S. Case No. 285 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 60 litres
of country made liquor was recovered from motorcycle. Both
petitioners arrested on the spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.3686 of 2026(2) dt.27-01-2026
2/2
the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. The alleged
motorcycle belongs to Bhabhi of petitioner No.2. The
petitioners are not the owner of the vehicle rather they were
passersby of the way and have become victim of circumstances.
The petitioners are in custody since 07.11.2025 and have got no
criminal antecedents. 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 petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Madhuban P.S. Case
No. 285 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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