Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that, given the lack of incriminating material, the petitioners' clean record and the period of custody, bail must be granted.
Summary
Golu Kumar and Chhotu Kumar were arrested after 72.360 litres of liquor were recovered from a motorcycle, though the court found no incriminating material in their conscious possession and noted they were merely passersby. The petitioners argued they were falsely implicated, had no prior criminal record, and that the arrest was based solely on suspicion without compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of evidence linking the petitioners to the liquor, the duration of their custody since 24‑12‑2025, and their clean record, the court inclined to grant bail. The court ordered their release on bail upon furnishing bonds of Rs.15,000 each with two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the arrest and detention of the petitioners were justified in the absence of incriminating material and ownership of the motorcycle.
- Whether the provisions of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 were complied with.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- suspicion
- possession
- Section 30(a)
- Section 103
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9501 of 2026
Arising Out of PS. Case No.-574 Year-2025 Thana- BANIAPUR District- Saran
======================================================
1. Golu Kumar Son of Anil Mahto Resident of village - Surraudha, P.S.-
Baniyapur, District - Saran at Chhapra
2. Chhotu Kumar Son of Laldeo Rai @ Raldev Ray Resident of village -
Surraudha, P.S.- Baniyapur, District - Saran at Chhapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rananjay Kumar, Advocate
Mr. Sumit Kumar, Advocate
Mrs. Chhateshwari Kumari, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with
Baniyapur P.S. Case No. 574 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 72.360 liters
liquor was recovered from motorcycle and both the petitioners
were arrested on spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
Patna High Court CR. MISC. No.9501 of 2026(2) dt.12-02-2026
2/2
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. Learned
counsel for the petitioners also submitted that the petitioners are
not the owner of the motorcycle in question rather they were
passerby of that way and were arrested only on the basis of
suspicion. The petitioners are in custody since 24.12.2025 and
have got no 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 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 Baniyapur P.S. Case
No. 574 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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