Patna High Court
Golden KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, subject to a monetary bond and specific conditions.
Summary
The petitioner, Golden Kumar, was arrested in connection with the seizure of 897.84 liters of liquor from a pick‑up vehicle and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating that no incriminating material was found in his possession, he was neither the driver nor the owner of the vehicle, and his name appeared only through a co‑accused’s disclosure. The State opposed bail, highlighting his thirteen prior criminal antecedents and the alleged non‑compliance with Section 103 of the BNSS, 2023. The High Court, after considering the facts, the period of custody, and the lack of direct evidence against him, decided to grant bail subject to a bond of Rs.15,000 with two sureties and specific conditions. The bail order includes requirements such as family surety, regular court appearances, non‑tampering with evidence, and refraining from similar offences.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under Section 30(a) of the Bihar Prohibition and Excise Act and having prior criminal antecedents.
- Whether the alleged non‑compliance with Section 103 of the BNSS, 2023 bars the grant of bail.
- Whether the conditions imposed by the court are sufficient to safeguard the trial process.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise
- prohibition
- Section 30(a)
- criminal antecedent
- BNSS 2023
- Section 103
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1328 of 2026
Arising Out of PS. Case No.-15 Year-2024 Thana- DHANKUND District- Banka
======================================================
Golden Kumar Son of Pravin Kumar Singh Resident of Village -
Mokhtiyarpur, Ward No. 16, P.S. - Bhagwanpur, Dist. - Begusarai, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in Dhankund Excise P.S. Case
No. 15 of 2024, instituted for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that, 897.84 liters
liquor was recovered from pick-up vehicle.
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 further
submitted that the petitioner is neither the driver nor the owner
Patna High Court CR. MISC. No.1328 of 2026(3) dt.11-03-2026
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of the seized vehicle and he has no concern with the same.
Name of petitioner has surfaced in this case on the disclosure
made by apprehended co-accused person. The petitioner is in
custody since 21.12.2025 and has got thirteen (13) criminal
antecedent. There is no compliance of Section 103 of the BNSS,
2023.
5. Learned APP 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, after framing of
charge, if not already framed, on furnishing bail bonds of Rs.
15,000/- (Rupees Fifteen Thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Dhankund Excise P.S. Case No. 15 of 2024,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
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(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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