Patna High Court

Golu KumarversusThe State of Bihar

Decided: 13 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court ordered provisional anticipatory bail for the petitioner, subject to verification of his criminal antecedent.

Summary

The petitioner, Golu Kumar, feared arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged seizure of 120.96 litres of liquor from a vehicle he owned. He argued that he had a clean criminal record, was not in possession of the liquor at the time of seizure, and was unaware that his friend misused his vehicle. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioner furnishing bail bonds and sureties, and directed verification of his antecedent. If any prior case is discovered, the bail will not be confirmed; if his record remains clean, the provisional bail will be confirmed.

Issues considered

Whether anticipatory bail should be granted to the petitioner in an excise offence case where he is only the owner of the vehicle used in the alleged contravention
Whether the petitioner’s clean antecedent and lack of possession of the seized liquor justify the grant of anticipatory bail

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
vehicle ownership
clean antecedent
Section 482(2)
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.160 of 2026
                        Arising Out of PS. Case No.-394 Year-2025 Thana- MANJHI District- Saran
                 ======================================================
                 Golu Kumar Son of Chela Kankar @ Chela Kamkar Resident of Village-
                 Tajpur, P.S.- Manjhi, Dist.- Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Chandra Mohan Jha
                 For the Opposite Party/s :       Ms.Gulnar Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 120.96 litres of liquor from an auto

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.160 of 2026(2) dt.13-01-2026
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          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that his friend would misuse the vehicle in the manner as

          alleged.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          500/- (Rupees Five Hundred) with two sureties of the like

          amount each to the satisfaction of the learned trial court where

          the case is pending/successor court in connection with Manjhi

          P.S. Case No. 394 of 2025 subject to the conditions as laid down

          under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a
              Patna High Court CR. MISC. No.160 of 2026(2) dt.13-01-2026
                                                          3/3




                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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