Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioner considering his clean antecedent and lack of possession of the illicit liquor.
Summary
The petitioner, Golu Kumar, was arrested in connection with a case involving 60 litres of illicit country-made liquor recovered from a sack on a motorcycle, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he neither owned the motorcycle nor had any conscious possession of the liquor, and highlighted his clean antecedent and that he had been in custody since 10 April 2026. The State opposed bail. Considering the petitioner’s lack of possession, clean record, and the circumstances of his custody, the Court inclined to grant bail. The Court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount, subject to the Special Excise Judge. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s lack of possession of the illicit liquor and his clean antecedent justify granting bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition
- excise
- illicit liquor
- clean antecedent
- possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35340 of 2026
Arising Out of PS. Case No.-117 Year-2026 Thana- MAKER District- Saran
======================================================
Golu Kumar S/o Lal Babu Sah, R/o Village - Maker Bhatoli, P.S. - Maker,
Disttt. - Saran at Chapra.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Udai Shankar Singh, Advocate
For the State : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 21-05-2026 The matter was heard via video conferencing mode.
2. Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
3. The petitioner seeks bail in connection with Maker
P.S. Case No. 117 of 2026, registered for the offence punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
4. As per the prosecution case, total 60 litres of illicit
country made liquor was recovered from a sack kept on a
motorcycle.
5. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Nothing has been recovered from the conscious
possession of the petitioner. Petitioner is not the owner of the
motorcycle in question and he has no concern with the alleged
recovery. Learned counsel lastly submits that petitioner has clean
Patna High Court CR. MISC. No.35340 of 2026(2) dt.21-05-2026
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antecedent and he is in custody since 10.04.2026.
6. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances
of the case and also considering petitioner’s clean antecedent and
his period of custody, this Court is inclined to grant bail to the
petitioner.
8. Accordingly, let the petitioner, above-named, 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 the learned 3rd Exclusive Special Excise Judge,
Saran at Chapra, in connection with Maker P.S. Case No. 117 of
2026.
9. 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 observation 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)
Shahnawaz/-
U T
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