Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Golu Kumar was arrested on 23 March 2026 in connection with the seizure of 107.4 litres of illicit liquor alleged to be in violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he had no conscious possession of the liquor, that the seizure was based on secret information, and that no material evidence linked him to the offence, asserting a clean antecedent. The Additional Public Prosecutor opposed bail, arguing the seriousness of the offence. The Court examined the lack of substantive evidence and the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023, and consequently granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order directed that any breach of conditions could lead to cancellation of the bond.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of direct evidence of possession.
- Whether the seizure and investigation complied with Sections 103 and 105 of the BNSS, 2023, affecting the bail decision.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- procedural compliance
- BNSS 2023
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28691 of 2026
Arising Out of PS. Case No.-241 Year-2026 Thana- BANIAPUR District- Saran
======================================================
Golu Kumar S/O Yogindra Prasad R/O Village- Baraitha, P.S- Baniapur, Dist.-
Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Anuj, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-04-2026 Heard Mr. Harsh Anuj, learned counsel for the
petitioner and Mr. Kumar Ranjit Ranjan, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.03.2026 in connection with Baniapur P.S. Case No. 241 of
2026, F.I.R. dated 19.03.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 107.4 liters of illicit liquor of
different brands.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.28691 of 2026(2) dt.28-04-2026
2/3
on the basis of secret information the recovery of 107.4 liters of
illicit liquor has been made behind the primary school. He
further submits that the name of the petitioner has been
transpired on the basis of suspicion and except the aforesaid, no
other cogent material has come during investigation which
suggest the involvement of the petitioner in the present
occurrence. It appears from the seizure list that the seizure list
witnesses are the police personnel, so there is non-compliance
of Section 103/105 of the BNSS, 2023. The petitioner is in
custody since 23.03.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 1st
Exclusive Special Excise Judge Saran at Chapra in connection
with Baniapur P.S. Case No. 241 of 2026 subject to the
following conditions:-
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
Patna High Court CR. MISC. No.28691 of 2026(2) dt.28-04-2026
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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)
Vanisha/-
U T
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