Patna High Court

Golu Kumar @ Rajesh Kumar @ Rajesh RayversusThe State Of Bihar

Decided: 8 April 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was refused.

Summary

The petitioner, Golu Kumar, sought anticipatory bail in a case where 292.8 liters of illicit liquor were seized from a vehicle. The prosecution alleged an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that no incriminating material was found on his person, he was neither the driver nor the owner of the vehicle, and his name only surfaced during investigation. The State opposed bail, highlighting six prior similar criminal antecedents. Considering the large quantity of liquor recovered and the petitioner’s criminal history, the court refused the anticipatory bail application.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the case

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
illicit liquor
criminal antecedents
bail refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20010 of 2026
                       Arising Out of PS. Case No.-4 Year-2026 Thana- BAJPATTI District- Sitamarhi
                 ======================================================
                 Golu Kumar @ Rajesh Kumar @ Rajesh Ray S/O Shiv Dayal Ray @
                 Shivdayal Ray Resident of village- Sandwara, P.S. Bajpatti, District-
                 Sitamarhi,

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ranjeet Kumar Mishra, Advocate
                 For the Opposite Party/s :        Mr. Nitya Nand Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Bajpatti P. S. Case

                   No. 04 of 2026 registered for the offence punishable under

                   Section 30(a) of Bihar Prohibition and Excise Act.

                                3. As per prosecution case, 292.800 liters illicit liquor

                   was recovered from the seized vehicle.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner is neither driver nor

                   owner of the vehicle in question and his name transpired during

                   investigation.

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

                   bail and submits that the petitioner has got six criminal
              Patna High Court CR. MISC. No.20010 of 2026(2) dt.08-04-2026
                                                          2/2




                        antecedents of similar nature.

                                     6. Considering huge quantity of recovery and criminal

                        antecedents of similar nature, prayer for anticipatory bail of the

                        petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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