Created by Fuzzy Cloud

Patna High Court

Golu Kumar @ Golu Kumar RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Golu Kumar, sought anticipatory bail in a case involving the alleged recovery of 2,205 litres of illicit liquor under the Bihar Prohibition and Excise Act. He contended that the recovery was made from a truck, not from his possession, and that his name was implicated only through the disclosure of a co‑accused, rendering the FIR false and procedurally defective under Sections 103 and 105 of the Bhartiya Nagarik Suraksha Sanhita. The prosecution opposed bail, invoking Section 76(2) of the Bihar Prohibition and Excise Act and citing the petitioner’s three prior criminal cases. The court, relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar (2019) and noting that similarly situated co‑accused had been granted anticipatory bail, decided to grant bail subject to strict conditions. The order directed the petitioner to surrender within thirty days, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under Section 438(2) CrPC/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, including cooperation with the trial and no tampering with evidence.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the Bihar Prohibition and Excise Act despite Section 76(2) and his prior criminal antecedents.
  • Whether procedural lapses in the recovery under Sections 103 and 105 of the Bhartiya Nagarik Suraksha Sanhita justify granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • procedural lapse
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27003 of 2026
                     Arising Out of PS. Case No.-3 Year-2023 Thana- MANIYARI District- Muzaffarpur
                 ======================================================
                 Golu Kumar @ Golu Kumar Ray S/O Paanchu Ray Resident of Village-
                 Mahua Singh Ray, Ward No.- 01, P.S- Mahua, Distt.- Vaishali.

                                                                                   ... ... 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. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   23-04-2026                     Heard Mr. Anish Kumar, learned counsel for the

                   petitioner and Mr. Arun Kumar, learned Additional Public

                   Prosecutor for the State.

                                   2. The petitioner is apprehending his arrest in

                   connection with Maniyari P.S. Case No. 03 of 2023, F.I.R dated

                   04.01.2023 registered for the offences punishable under Section

                   30(a), 32(2)(3), 41(1)(2) of Bihar Prohibition and Excise Act.

                                   3. Recovery is of 2205.00 liters of illicit liquor.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in the

                   present case. He further submits that the allegation as alleged in

                   the F.I.R is false and fabricated. He further submits that it

                   appears from the F.I.R that nothing has been recovered from the

                   conscious possession of the petitioner rather the recovery has
Patna High Court CR. MISC. No.27003 of 2026(2) dt.23-04-2026
                                            2/4




          been made from the truck in question and the petitioner was not

          apprehended at the place of occurrence and his name transpired

          on the basis of disclosure made apprehended co-accused person

          There is non-compliance with mandatory procedure prescribed

          for recovery under Section 103 and 105 of Bhartiya Nagarik

          Suraksha Sanhita. He next submits that similarly situated co-

          accused persons, namely, Khatija Begam and Aman Kumar Jha

          have been granted the privilege of anticipatory bail by different

          co-ordinate Benches of this Court vide order dated 24.01.2024

          and 28.02.2025 in Cr. Misc. No. 79496 of 2023 and Cr. Misc.

          No. 2107 of 2025. No case, whatsoever, would be made out

          against the petitioner under the Bihar Prohibition and Excise

          Act.

                          5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for anticipatory bail of the

          petitioner referring the provision contained in Section 76(2) of

          the Bihar Prohibition and Excise Act and submitted that the pre-

          arrest bail would not be maintainable and apart from that the

          petitioner carries three criminal antecedents other than the

          present one but fairly submits on the basis of paragraph-3 of the

          bail application that the petitioner is on bail in the pending

          matters.
Patna High Court CR. MISC. No.27003 of 2026(2) dt.23-04-2026
                                            3/4




                          6. This court is aware of the decision of the Full

          Bench in the case of Ram Vinay Yadav vs. State of Bihar

          reported in 2019(2) P.L.J.R. 1089. Having regard to the law laid

          down in the aforesaid judgment and the submission advanced on

          behalf of the parties, this Court, for the limited purpose of grant

          of anticipatory bail, is inclined to accept the submission of

          counsel for the petitioner.

                          7. Considering the aforesaid facts, name of the

          petitioner has been transpired on the basis of disclosure made

          apprehended co-accused person and similarly situated co-

          accused persons have been granted the privilege of anticipatory

          bail by different co-ordinate Benches of this Court, let the

          petitioner, above named, in the event of his arrest or surrender

          before the court below within a period of thirty days from the

          date of receipt of the order, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Special Excise Court No.II, Muzaffarpur in connection with

          Maniyari P.S. Case No. 03 of 2023, subject to the conditions as

          laid down under Section 438(2) of the Code of Criminal

          Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha

          Sanhita and with other following conditions:-
            Patna High Court CR. MISC. No.27003 of 2026(2) dt.23-04-2026
                                                        4/4




                                      i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                      ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.