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Patna High Court

Golden KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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.
           Patna High Court CR. MISC. No.1328 of 2026(3) dt.11-03-2026
                                                       3/3




                                   (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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