Created by Fuzzy Cloud

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.