Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioners as the circumstances did not warrant continued detention.
Summary
The petitioners, Golu Kumar and Chandan Kumar, were arrested in connection with an excise case (No. 1652 of 2026) for alleged possession of 137.4 litres of liquor recovered from a Renault Triber. They applied for bail, asserting that they were falsely implicated, that no incriminating material was found in their conscious possession, and that they have no prior criminal record. The State, represented by the Additional Public Prosecutor, opposed the bail application. The Patna High Court, after considering the facts, the period of custody since 16 March 2026, and the lack of direct evidence against the petitioners, decided to grant bail. The court ordered the petitioners to furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Special Judge Excise, 3rd, Patna.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act in the absence of direct incriminating material.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41, 56(b)
Subjects
- bail
- excise law
- Bihar Prohibition and Excise Act
- criminal procedure
- liquor possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29975 of 2026
Arising Out of PS. Case No.-1652 Year-2026 Thana- Excise P.S. District- Patna
======================================================
1. Golu Kumar S/o Lalbabu Ray Residents of- Digha Ashiyana, Rajiv Nagar
Road No. 03, Ward No. 11, P.S. Rajiv Nagar, District Patna
2. Chandan Kumar S/o Godan Ram R/o - R Block Road No. 3, Ward No. 21,
P.S - Sachivalay, District - Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar, Adv.
For the Opposite Party/s : Mr.Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners seek bail in connection with Patna
Excise P.S. Case No. 1652 of 2026 registered for the offences
punishable under Sections 30(a) , 41 & 56 (b) of the Bihar
Prohibition and Excise Act.
3. The prosecution case is that 137.400 liters of liquor
was recovered from the Renault Triber Car bearing Registration
No. BR01FY.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.29975 of 2026(2) dt.06-05-2026
2/2
got no concern with the alleged recovery of liquor. The
petitioners are in custody since 16.03.2026 and have got no
criminal antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of Learned
Special Judge Excise, 3rd, Patna /concerned Court in connection
with Patna Excise P.S. Case No. 1652 of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
abhishekkr/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.