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Patna High Court

Golu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                       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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