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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

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
                                                      2/2




                    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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