Created by Fuzzy Cloud

Patna High Court

Golu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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.