Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Golu Kumar, a 19‑year‑old, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (A) Act, 2022 for alleged possession of foreign liquor recovered from a scooty. The prosecution’s case relied on the statement of co‑accused Aryan Raj, and the liquor was found in the possession of Aryan Raj, not the petitioner. The petitioner argued that he was neither the owner nor the driver of the scooty, was not arrested at the spot, and has a clean antecedent. The State opposed the petition for anticipatory bail. The High Court, after considering the lack of direct involvement and the petitioner’s clean record, granted anticipatory bail subject to bail bonds and sureties, invoking Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the petitioner’s lack of ownership, non‑possession of the liquor, and clean antecedent justify bail
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- foreign liquor
- clean antecedent
- co‑accused
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10089 of 2026
Arising Out of PS. Case No.-914 Year-2024 Thana- KADAMKUAN District- Patna
======================================================
Golu Kumar, Gender-Male, aged about 19 years, Son of Raju Shahni @ Raj
Sahani, Resident of - East Lohanipur, Railway Hunder Road, Police Station -
Kadamkuan, District – Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rohit Kumar, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Kadamkuan P.S. Case No. 914 of 2024 instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise (A) Act, 2022.
3. As per the prosecution case, total three bottles of
750 ml of foreign liquor were recovered from the scooty, out of
which two bottles of foreign liquor were found broken and one
bottle was found intact.
4. Learned counsel for the petitioner submits that
petitioner is innocent has committed no offence and has falsely
been implicated in this case. He submits that the petitioner has
Patna High Court CR. MISC. No.10089 of 2026(2) dt.17-02-2026
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been made accused only on the basis of statement of the co-
accused Aryan Raj. He further submits that the petitioner was
neither arrested at the spot nor any cash or vehicle or any other
incriminating material has been recovered from the conscious
possession of the petitioner. He next submits that the alleged
recovery is from the possession of other co-accused namely
Aryan Raj. He lastly submits that the petitioner was neither the
owner nor the driver of the alleged scooty from which the
alleged liquor was recovered. Petitioner has got clean
antecedent as stated in para 3 of the petition.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioner.
6. From perusal of the FIR and the impugned order of
the learned Special Judge Excise-IInd, Patna dated 10.12.2025,
it appears that on the basis of written report of the informant,
Anurag Kumar, Sub-Inspector, Kadamkuan, Police Station, FIR
has been registered under Section 30(a) of the Bihar Prohibition
and Excise (A) Act, 2022 against two co-accused persons
including the present petitioner. It also appears that the
petitioner was not arrested at the spot and the seized scooty
bearing Registration No. BR01HQ 9326 does not belongs to the
present petitioner and the alleged recovery of 750 ml of foreign
Patna High Court CR. MISC. No.10089 of 2026(2) dt.17-02-2026
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liquor were recovered from the arrested co-accused namely
Aryan Raj. It also appears that petitioner has got clean
antecedent as stated in para 3 of the petition, so considering all
these aspects of the case and submission of learned counsel for
the petitioner, I am inclined to grant anticipatory bail to the
petitioner.
7. Accordingly, let the petitioner above named in the
event of his arrest or surrender before the trial Court within six
weeks from today, be released on anticipatory bail upon
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Special Judge Excise-IInd, Patna in connection with
Kadamkuan P.S. Case No. 914 of 2024, subject to the conditions
laid down in Section 482(2) of the BNSS.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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