Patna High Court

Goodu KumarversusThe State of Bihar

Decided: 10 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court grants bail to the petitioner.

Summary

Goodu Kumar, the petitioner, was arrested in connection with a case involving the alleged possession of country-made liquor, gambling cards, and lottery equipment, charged under Section 30(a) of the Bihar Prohibition, Excise Act, Section 318(4) of the Bharatiya Nyaya Sanhita, 2023, and Section 11 of the Bengal Gambling Act. The prosecution claimed the items were recovered from a bamboo orchard, while the petitioner contended that none of the material was found in his conscious possession, he has no prior criminal record, and the recovery was from an open area accessible to all. The petitioner also argued that the procedural requirement of Section 103 of the BNSS, 2023 had not been complied with. The State opposed bail, but the court, noting the petitioner’s clean antecedents, the short period of custody since 4 December 2025, and the lack of incriminating material directly linked to him, decided to grant bail. The court ordered the petitioner to be released on a bail bond of Rs 15,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the petitioner for offences under the Bihar Prohibition, Excise Act, Bharatiya Nyaya Sanhita, 2023 and Bengal Gambling Act.
Whether the non‑compliance of Section 103 of the Bharatiya Nyaya Sanhita, 2023 affects the grant of bail.
Whether the petitioner’s clean antecedent and the duration of custody justify bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103, 318(4)

Subjects

bail
prohibition act
excise
gambling
criminal procedure
clean antecedent
section 103
Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.2936 of 2026
                     Arising Out of PS. Case No.-797 Year-2025 Thana- MADHAURAH District- Saran
                 ======================================================
                 Goodu Kumar S/O Late Raj Kumar R/O Vill.- Mirjapur,P.S-Marhowrah,Dist.-
                 Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Akash Ambuj, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   10-03-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Marhowrah PS Case No. 797 of 2025 instituted for the offences

                   under Section/s 30(a) of the Bihar Prohibition, Excise Act,

                   Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 and

                   Section 11 of Bengal Gambling Act.

                           3.       The prosecution case, in short, is that 10 liters

                   country made liquor, 01 bundle of cards, 1 screen for writing

                   lottery, 01 small bundle of paper were recovered from bamboo

                   orchard.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the
           Patna High Court CR. MISC. No.2936 of 2026(3) dt.10-03-2026
                                                       2/2




                     present case. No incriminating material has been recovered from

                     the conscious possession of the petitioner. The petitioner has got

                     no concern with the alleged recovery of liquor. It is submitted

                     that recovery is from an open place, which is accessible to one

                     and all. The petitioner is in custody since 04.12.2025 and has

                     got no criminal antecedent/s. There is no compliance of Section

                     103 of the BNSS, 2023.

                             5.      Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                             6.      Considering the aforesaid facts and circumstances

                     of the case, clean antecedent of the petitioner and the period of

                     custody undergone by the petitioner, this Court is inclined to

                     grant bail to the petitioner.

                             7.      Let the petitioner be released on bail on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Marhowrah PS Case

                     No. 797 of 2025.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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