Patna High Court
Golu Kumar @ ShivamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court ordered that bail be granted to the petitioner subject to conditions.
Summary
The petitioner, Golu Kumar, was arrested in connection with the seizure of 680 litres of country-made liquor from a four‑wheel vehicle under Section 30(a) of the Bihar Prohibition and Excise Act. The FIR named the vehicle’s owner and driver, but not the petitioner, whose name entered the case only through a co‑accused’s statement. The petitioner argued that he had no physical or conscious possession of the liquor, was not the owner or driver, and that the seizure violated mandatory search‑seizure procedures due to lack of an independent witness and proper documentation. The State opposed bail, citing the petitioner’s prior similar offences. The Court, noting the procedural irregularities and the petitioner’s lack of possession, granted bail on a Rs.10,000 bond with two sureties, subject to cooperation with the investigation and that one bailor be a close relative.
Issues considered
- Whether bail should be granted when the accused is not in possession of the seized liquor and the seizure may have violated statutory search‑seizure requirements.
- Whether the petitioner’s prior criminal antecedents justify denial of bail in the present case.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- search and seizure
- Bihar Prohibition and Excise Act
- procedural lapse
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36313 of 2026
Arising Out of PS. Case No.-1136 Year-2025 Thana- RAMKRISHNANAGAR District-
Patna
======================================================
Golu Kumar @ Shivam S/o Surendra Singh @ Surendra Yadav R/o
Shekhpura, P.S.- Ramkrishna Nagar, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Jiban Pd. Singh, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 09-06-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. Perusal of the first information report and the seizure
list would go to show that 680 liters of country made liquor is
said to have been recovered from a four wheeler car and the
F.I.R. was instituted against unknown and the owner of the
vehicle.
4. It is submitted by learned counsel for the petitioner
that there is no recovery from the conscious or physical
possession of the petitioner. The petitioner is neither the owner
Patna High Court CR. MISC. No.36313 of 2026(2) dt.09-06-2026
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nor the driver of the said vehicle. The name of the petitioner
transpired in this case during investigation on the statement of
co-accused, Mantu Kumar that his father had purchased the car
about four months back from one Anand Prakash, which was
sold to the petitioner without any paper and documentation in
writing. There is violation of the mandatory provisions of the
search and seizure as there is no independent witness to the
seizure list. Petitioner has been languishing in custody since
27.03.2026 and the investigation is almost at close.
5. Learned APP for the State opposed the bail
petition on the ground that petitioner has several criminal
antecedents of similar nature of the offence. However, in
response, it is submitted that due to these antecedents the
petitioner has been made accused in the present case.
6. Taking into consideration the fact and
circumstances of the case and also considering the fact that there
is non-compliance of mandatory provisions of search and
seizure, the above named petitioner is directed to be enlarged on
bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Ramkrishnagar P.S.
Patna High Court CR. MISC. No.36313 of 2026(2) dt.09-06-2026
3/3
Case No. 1136 of 2025, subject to the further condition that:
(i) The petitioner shall cooperate in the
investigation/trial.
(ii) The one of the bailors will be a family
member/close relative.
(Soni Shrivastava, J)
Trivedi/-
U T
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