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Patna High Court

Golu Kumar @ Gollu Sahni @ Golu SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner with specified monetary and attendance conditions.

Summary

The petitioner, Golu Kumar, was arrested on 17 March 2026 in connection with the recovery of 60 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence and offering to donate Rs.10,000 to a charitable organization without admitting guilt. The State opposed the bail application. The Court considered the facts, the petitioner's custody since March, and his willingness to provide a monetary deposit and sureties. It granted bail on the condition that the petitioner deposit Rs.10,000 with the Ramakrishna Mission Ashram and produce the receipt, furnish two sureties of equal amount, and attend the police station every Sunday. The order also stipulated automatic cancellation of bail if the petitioner is later implicated in any Excise or NDPS case.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27534 of 2026
                   Arising Out of PS. Case No.-113 Year-2026 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Golu Kumar @ Gollu Sahni @ Golu Sahni Son of Munilal Sahani @ Munilal
                 Sahni @ Munnilal Sahni R/O Village- Bhediyari (Muswa), P.S.- Sugauli,
                 District- East Champaran, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Prashant Raj
                 For the Opposite Party/s :       Mr.Arun Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner seeks bail in connection with

                   Sugauli P.S. Case No. 113 of 2026 registered for the offence

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

                                 3. The recovery is of 60 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 17.03.2026.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 10,000/- in some charitable

                   organization without accepting his guilt.

                                 6. Learned APP appearing for the State opposes the

                   prayer for bail of the petitioner.
Patna High Court CR. MISC. No.27534 of 2026(2) dt.28-04-2026
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                        7. Considering the facts and circumstances of the

          case and submissions of learned counsel for the petitioner, let

          the petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned concerned

          Court below in connection with Sugauli P.S. Case No. 113 of

          2026.

                        8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 10,000/- in

          Ramakrishna Mission Ashram, Bela, Muzaffarpur and produce

          the receipt of the same before the Court below. The bail bonds

          of the petitioner shall be accepted after verifying the

          genuineness of the receipt produced by the petitioner.

                          9. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at

          Sugauli Police Station on every Sunday of each month. Any

          default in appearance at the police station will result in

          cancellation of bail bonds of the petitioner.

                          10. It is made clear that if the petitioner, in future,

          is found to be involved in any other case registered under the

          provisions of Excise/NDPS Act then his bail bonds shall

          automatically be cancelled.
          Patna High Court CR. MISC. No.27534 of 2026(2) dt.28-04-2026
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                                    11. It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                            (Sandeep Kumar, J)
Vikas/-

U


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