Golu KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11383 of 2026
                     Arising Out of PS. Case No.-1 Year-2026 Thana- PHULWARIA District- Begusarai
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                 Golu Kumar Son of Late Shivu Choudhary R/o- Baro Chakahakim, P.S.-
                 Phulwaria, Dist.- Begusarai.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Aditya Kumar, Advocate
                 For the Opposite Party/s :       Mr.Ramchandra Sahni, APP
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                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in Phulwaria P.S.

                   Case No. 1 of 2026 dated 02-01-2026, registered under Sections

                   3(a) of the Bihar Prohibition and Excise Amendment Act.

                                3. The allegation is of recovery of 4.500 litres of illicit

                   country-made liquor from the back room of the petitioner’s

                   house.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. It is further submitted that no contraband was

                   recovered from the conscious possession of the petitioner or

                   from his house. It is submitted that the seizure list does not

                   mention any independent witness and only police personnel
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          have been made witnesses despite the fact that the recovery is

          alleged to have been made from a densely populated area. It is

          also submitted that the seizure list has been prepared in violation

          of the law without following the mandatory provisions of the

          B.N.S.S. and the Code of Criminal Procedure. Lastly, it is

          submitted that the petitioner has been in judicial custody since

          03-01-2026 and has two criminal cases pending against him, in

          which he is on bail.

                       5. Learned Additional Public Prosecutor for the State

          has opposed the prayer.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let

          the petitioner be released on 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 Exclusive Special Excise

          Judge-1, Begusarai, in connection with Phulwaria P.S. Case No.

          1 of 2026, subject to the following conditions:(i) that the

          petitioner shall co-operate in the trial and shall be properly

          represented on each and every date fixed by the Court and on

          his absence on two consecutive dates without sufficient reason,

          his bail bond shall be cancelled by the court below, (ii) that one

          of the bailors will be his own blood relation, preferably father,
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                     mother, brother, sister and or his wife, (iii) that the bailor shall

                     also state on affidavit that he will inform the court concerned if

                     the petitioner is made accused in any other case of similar

                     nature after his release in the present case and thereafter the

                     court below will be at liberty to initiate the proceeding for

                     cancellation of bail on ground of misuse (iv) that if the

                     petitioner tampers with the evidence or the witnesses, in that

                     case, the prosecution will be at liberty to move for cancellation

                     of bail and (v) that the petitioner will appear before the SHO of

                     concerned PS in the first week of each month till the framing of

                     charge in this case.

                                  7. The application stands allowed.




                                                  (Khatim Reza, J)
shyambihari/-

U      T