Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court ordered the petitioner’s release on bail subject to conditions under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Golu Kumar, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly manufacturing illicit country-made liquor after a police raid recovered 15 litres of liquor and related equipment. A witness identified the petitioner as the individual who fled the scene, but no incriminating material was found on his person or premises, and he was not apprehended at the spot. The petitioner argued innocence, cited lack of direct evidence, and noted he was already in custody since 19 February 2026 with a chargesheet filed. The State opposed bail, but the court considered the absence of seized items, the petitioner’s custody duration, and the chargesheet. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions under Section 480(3) of the B.N.S.S. and requiring the petitioner’s presence at court dates.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case
- Whether the lack of incriminating material recovered from the petitioner’s person or premises justifies bail
- Application of Section 480(3) of the B.N.S.S. in imposing bail conditions
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
- Section 480(3)
- B.N.S.S.
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30391 of 2026
Arising Out of PS. Case No.-89 Year-2025 Thana- PIPRIYA District- Lakhisarai
======================================================
Golu Kumar S/o Sanjay Sahni, R/o Village - Mohanpur, PS - Pipariya,
District - Lakhisarai.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Pipariya P.S. Case No. 89 of 2025, dated
15.10.2025, registered for the offences punishable under
Sections 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, Police received
information about petitioner manufacturing country made
liquor. A raid was conducted and a furnace was found running
and a person fled away on seeing the Police party. On the search
of the said place, 15 litres of illicit country made mahua liquor,
some implements and raw materials for manufacturing illicit
liquor was recovered. The person nearby named this petitioner
as the person who fled away from the spot when the raid was
conducted.
Patna High Court CR. MISC. No.30391 of 2026(2) dt.11-05-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. The petitioner was not
apprehended from the spot and nothing incriminating has been
recovered from his person or possession. The petitioner has no
concern either with the allegedly recovered articles or with the
place of recovery which is a public place accessible to one and
all. Learned counsel next submits that petitioner is having
antecedent of four cases and he is on bail in all the four cases.
Learned counsel lastly submits that petitioner is in custody since
19.02.2026 and chargesheet has been submitted.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that petitioner was not apprehended from the spot and
nothing incriminating has been recovered from his conscious
possession and further considering his period of custody and
submission of chargesheet, the petitioner, above-named, is
directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of
the like amount each to the satisfaction of learned Additional
Patna High Court CR. MISC. No.30391 of 2026(2) dt.11-05-2026
3/3
District & Sessions Judge-VII-cum-Exclusive Special Excise
Court-II, Lakhisarai / concerned Court, in connection with
Pipariya P.S. Case No. 89 of 2025, subject to the condition laid
down under Section 480(3) of the B.N.S.S. and other following
conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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