Patna High Court
Golu Prasad @ Golu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail with conditions, subject to verification of the petitioner’s antecedents.
Summary
The petitioner, Golu Prasad, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 63 litres of liquor from a location not under his control. He argued that the FIR was based on the testimony of a chowkidar rather than a proper investigation and highlighted his three prior criminal cases, two of which were also under the Excise Act. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed the trial court to verify the petitioner’s antecedents. If more than three prior cases are found, the bail would not be confirmed; if exactly three, it would be confirmed. The order was made under Section 482(2) of the relevant procedural law.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the FIR under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, is based on a proper investigation.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- prior criminal antecedents
- bail conditions
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25291 of 2026
Arising Out of PS. Case No.-542 Year-2025 Thana- MIRGANJ District- Gopalganj
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Golu Prasad @ Golu Kumar son of Laxman Prasad @ Lakshman Prasad
Resident Of Vill- Semraw @ Semranw, Ps- Mirganj, Distt- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priya Raj
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-04-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases, out of which, two cases
are under the Excise Act and allegation is of recovery of 63
litres of liquor from a bush near a canal. It is next submitted
that petitioner was not arrested from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large and he came to be
implicated at the instance of chowkidar with whom he is on an
Patna High Court CR. MISC. No.25291 of 2026(2) dt.21-04-2026
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inimical term. It is further submitted that if chowkidar was
aware of the involvement of the petitioner in the occurrence
then why he did not inform the police prior to institution of the
instant FIR which casts an aspersion on the case of the
prosecution, when petitioner has not been implicated based on
secret information. It is also submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.15,000/- (Rupees fifteen thousand)
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 Mirganj P.S. Case No.542/2025, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
Patna High Court CR. MISC. No.25291 of 2026(2) dt.21-04-2026
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6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
three cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of three
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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