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Patna High Court

Golu Kumar @ Golu @ Raushan @ Raushan KumarversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Petitioner no.1 is denied pre‑arrest bail due to multiple pending cases, whereas petitioner no.2 is granted conditional pre‑arrest bail subject to bond and verification of antecedents.

Summary

The petitioners, Golu Kumar and Golu Kumar (also known as Raushan), were charged under Section 30(a) of the Bihar Prohibition and Excise Act for possession of 19.98 litres of foreign liquor seized by police. They applied for pre‑arrest bail, claiming innocence, while the State opposed the relief. The court noted that petitioner no.1 has several pending criminal cases and therefore denied him pre‑arrest bail. In contrast, petitioner no.2, despite two prior antecedents, was granted conditional pre‑arrest bail on the condition of furnishing a bail bond of Rs.10,000 with two sureties and verification of his criminal record. The order also stipulated that the bail would lapse if further cases are discovered against petitioner no.2.

Issues considered

  • Whether petitioner no.1 is eligible for pre‑arrest bail under Section 30(a) of the Bihar Prohibition and Excise Act given his multiple pending cases.
  • Whether petitioner no.2 can be granted pre‑arrest bail despite prior antecedents and the State's alleged failure to enforce prohibition.
  • Whether the conditions under Section 482(2) of the BNSS 2023 are applicable to the bail order.

Subjects

  • pre‑arrest bail
  • Bihar Prohibition and Excise Act
  • foreign liquor
  • criminal antecedent
  • Section 30(a)
  • Section 482(2)
  • excise law
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21236 of 2026
                      Arising Out of PS. Case No.-42 Year-2026 Thana- MALSALAMI District- Patna
                 ======================================================
           1.     Golu Kumar @ Golu @ Raushan @ Raushan Kumar Son of Late Ganga
                  Prasad @ Ganga Sagar Prasad R/o Village - Nuruddin Ganj, P.S. -
                  Malsalami, Dist. - Patna.
           2.    Golu Kumar @ Ravi Kumar @ Molu @ Molu Kumar Son of Late Ganga
                 Prasad @ Ganga Sagar Prasad R/o Village - Nuruddin Ganj, P.S. -
                 Malsalami, Dist. - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ravi Ranjan, Advocate
                 For the Opposite Party/s :      Mr.Vinod Shanker Modi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   16-04-2026                     Heard learned counsel appearing on behalf of the

                   petitioners and the learned APP for the State.

                                2. Petitioners seek pre-arrest bail in connection with

                   Malsalami P.S.Case No.42 of 2026, registered for the offences

                   punishable under Sections             30(a) of Bihar Prohibition and

                   Excise Act.

                                3. As per the allegation made in the FIR, the police

                   seized 19.98 ltrs. of foreign liquor kept in a jute sack.

                                4. Learned counsel appearing on behalf of the

                   petitioners submitted that petitioners are innocent and they have

                   been falsely implicated in the present case. Learned counsel

                   further submitted that the petitioner no.1 has five criminal
Patna High Court CR. MISC. No.21236 of 2026(2) dt.16-04-2026
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          antecedent and the petitioner no.2 has got two criminal

          antecedents.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail to the petitioners.

                       6. Having considered the rival submissions made on

          behalf of the parties, as well as, having considered the fact that

          several cases are pending against the petitioner no.1, I am not

          inclined to enlarge the petitioner no.1 on pre-arrest bail.

                       7. So far as petitioner no.2 is concerned, considering

          the fact that the State has failed to implement the prohibition in

          the State of Bihar in its true spirit, the petitioner no.2, above

          named, is directed to be released on pre-arrest bail, in the event

          of his arrest or surrender before the learned district court within

          a period of four weeks from today, on furnishing bail bond of

          Rs.10,000/- (Ten Thousand)               with two sureties of the like

          amount each to the satisfaction of learned Special Judge Excise,

          Patna City, District Patna/concerned court, in connection with

          Malsalami P.S.Case No.42 of 2026, subject to conditions as laid

          down under Section 482(2) of BNSS of 2023

                       8. The learned district court is directed to verify the

          criminal antecedent of the petitioner no.2and if it is found that

          the petitioner no.2 is involved in some other cases as what has
            Patna High Court CR. MISC. No.21236 of 2026(2) dt.16-04-2026
                                                        3/3




                      been stated in paragraph No.3 of the bail application, this order

                      will automatically lose its force.



                                                (Purnendu Singh, J)
chn/-

U       T


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