Patna High Court
Golu Kumar Singh @ Abhijit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted as no offence under Section 30(a) was established and the petitioner had no criminal antecedent, subject to prescribed conditions.
Summary
The petitioner, Golu Kumar Singh, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act after police seized 45 litres of Nepali liquor from an open area and named him in the FIR. The petitioner argued he had no criminal antecedent and the seizure was not from his possession. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which allows anticipatory bail despite the bar in Section 76(2) if no offence is made out, the court examined the facts. Finding no evidence of possession and noting the petitioner’s clean record, the court granted anticipatory bail with stringent conditions. The order remains subject to revocation if the petitioner is found to have a criminal antecedent or violates any condition.
Issues considered
- Can anticipatory bail be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2) when no offence is established?
- Whether the petitioner’s alleged involvement in the seizure of liquor constitutes an offence under Section 30(a).
- Whether the petitioner’s lack of criminal antecedent justifies the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 76(2)
- seizure of liquor
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35428 of 2026
Arising Out of PS. Case No.-64 Year-2026 Thana- SUPPI District- Sitamarhi
======================================================
Golu Kumar Singh @ Abhijit Kumar S/o Sanjay Kumar Singh Resident of
Village - Gharwara, P.S.- Suppi, Dist. - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 21-05-2026 Heard the parties through virtual mode.
2. The petitioner is apprehending his arrest in
connection with Suppi P.S. Case No. 64 of 2026 for the
offence under section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution story, the Police, on secret
information, raided the place and from the bamboo clump,
there is recovery/seizure of 45 liters of Nepali liquor. The
name of the petitioner cropped up which led to the FIR.
4. Learned counsel for the petitioner submits that
the recovery/seizure is from an open place and he has no
criminal antecedent.
5. Further, learned counsel for the petitioner relied
Patna High Court CR. MISC. No.35428 of 2026(2) dt.21-05-2026
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on the judgment of the Full Bench of Hon’ble Patna High
Court in the case of Ram Vinay Yadav vs. State of Bihar
reported in 2019 (2) PLJR 1089 wherein it has been held that
an application for anticipatory bail in a case arising out of
Bihar Excise and Prohibition Act can be maintained, despite
the bar under Section 76(2) of the Act, if on the basis of
allegation made in the FIR, no offence under the said
provision is made out.
6. Learned APP opposes the prayer.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra),
as also that nothing has been recovered from his conscious
possession and the petitioner do not have any criminal
antecedent, in that background, this Court is inclined to
extend him the privilege of anticipatory bail with conditions.
8. If, however, it is found that contrary to the
statement made in paragraph-3, the petitioner has criminal
antecedent, the present order shall become infructuous.
9. Let the petitioner be released on bail in the event
of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
Patna High Court CR. MISC. No.35428 of 2026(2) dt.21-05-2026
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satisfaction of learned Special Judge Exclusive Excise Court
No. I, Sitamarhi in connection with Suppi P.S. Case No. 64 of
2026 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the
Police Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall
be submitted before the Trial Court failing which steps shall
be taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
Patna High Court CR. MISC. No.35428 of 2026(2) dt.21-05-2026
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(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at
liberty to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
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