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Patna High Court

Golu Kumar @ Satendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted as the circumstances did not warrant continued detention.

Summary

The petitioners, Golu Kumar and Rajan Kumar, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 55 litres of country-made liquor was recovered from a plastic box at an open place. They claimed innocence, arguing that no incriminating material was found in their possession and that the recovery site was publicly accessible. The State opposed bail, while the petitioners highlighted their lack of involvement and the absence of compliance with Section 103 of the Bihar Narcotic and Substance (BNSS) Act, 2023. The Court, considering the facts, the length of custody since 19‑11‑2025, and the petitioners' criminal antecedents, decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the requirements of Section 103 of the BNSS, 2023 have been complied with

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • Section 103
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3375 of 2026
                       Arising Out of PS. Case No.-369 Year-2025 Thana- DORIGANJ District- Saran
                 ======================================================
           1.     Golu Kumar @ Satendra Kumar Son of Dharmnath Mahto @ Dhaemnath
                  Mahto @ Dhramnath Mahto Resident of Village - Jagdishpur, P.S.-
                  Doriganj, District - Saran.
           2.    Rajan Kumar Son of Chandradeo Mahto Resident of Village - Jagdishpur,
                 P.S.- Doriganj, District - Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Mili Kumari, Advocate
                 For the Opposite Party/s :       Mr. Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2.       The petitioners seek bail in connection with

                   Doriganj PS Case No. 369 of 2025 instituted for the offences

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 55 liters

                   country made liquor liquor was recovered from plastic box.

                           4.       Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioners. The petitioners have

                   got no concern with the alleged recovery of liquor. It is
           Patna High Court CR. MISC. No.3375 of 2026(2) dt.19-01-2026
                                                       2/2




                     submitted that recovery is from an open place, which is

                     accessible to one and all. The petitioners are in custody since

                     19.11.2025 and have got one criminal antecedent/s each. 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 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.15,000/- (Fifteen thousand) each with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Doriganj PS Case

                     No. 369 of 2025.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T


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