Patna High Court

Golu kumarversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Golu Kumar, was arrested in connection with a case alleging possession of 1.8 litres of liquor recovered from a motorcycle, violating Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, asserted that no incriminating material was found in his possession, and argued that he had no link to the recovered liquor or the motorcycle. The State opposed bail, while the petitioner’s counsel highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the petitioner’s five prior criminal antecedents. After considering the facts, custody period, and the statutory framework, the court decided to grant bail, subject to a bond of Rs 15,000 with two sureties and specific conditions regarding court appearances and future offences. The bail order was issued pending framing of charge if not already done.

Issues considered

Whether the petitioner is entitled to bail under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, bars the grant of bail.
Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
liquor seizure
criminal antecedents
Section 103
Bharatiya Nagarik Suraksha Sanhita
motorcycle
excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3669 of 2026
                        Arising Out of PS. Case No.-44 Year-2025 Thana- Lakho District- Begusarai
                 ======================================================
                 Golu kumar Son of Ram Prakash Yadav @ Prakash Yadav Resident of
                 Village- Singhpur Punarwas Ps- Nayagaon District -Begusarai

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms.Sarita Kumari, Advocate
                 For the Opposite Party/s :        Mr.Md. Iftekhar Mahmood, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   27-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Lakho

                   P.S. Case No. 44 of 2025, instituted for the offences punishable

                   under Sections 30(a) and 32(3) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that total 1.8 liters

                   liquor was recovered from motorcycle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. The petitioner

                   has no concerned with the alleged motorcycle. The petitioner is
Patna High Court CR. MISC. No.3669 of 2026(2) dt.27-01-2026
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          in custody since 04.12.2025 and has got five criminal

          antecedents. There is no compliance of Section 103 of the

          Bharatiya Nagarik Suraksha Sanhita, 2023.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the

          like amount each to the satisfaction of Court below/concerned

          Court in connection with Lakho P.S. Case No. 44 of 2025,

          subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the

          bail bonds of the petitioner.

                       (III) If the petitioner is found involved in similar

          nature of offence in future, the Trial Court will have the liberty
           Patna High Court CR. MISC. No.3669 of 2026(2) dt.27-01-2026
                                                       3/3




                     to cancel the bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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