Created by Fuzzy Cloud

Patna High Court

Golu Kumar @ Aditya KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioners.

Summary

The petitioners, Golu Kumar and Vicky Kumar, were arrested on 26-11-2025 after 225 litres of liquor was recovered from a motorcycle in Dhaka, East Champaran, and were charged under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they were mere passers‑by, had no ownership of the motorcycle, and that no incriminating material was found on them; they also highlighted their clean criminal record and the lack of compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023. The State opposed bail, arguing the seriousness of the offence. The Court, considering the petitioners' clean antecedents, the short period of custody, and the absence of direct evidence linking them to the liquor, decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of direct incriminating material.
  • Whether the non‑compliance of Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023, affects the grant of bail.

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • innocent until proven guilty
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4364 of 2026
                    Arising Out of PS. Case No.-658 Year-2025 Thana- DHAKA District- East Champaran
                 ======================================================
           1.     Golu Kumar @ Aditya Kumar S/o- Nagendra Chaudhary R/v- Pachtaki Ps-
                  Berganiya Dist- Sitamarhi
           2.    Vicky Kumar S/o- Suresh Chaudhary R/v- Pachtaki PS- Berganiya Dist-
                 Sitamarhi

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjay Kumar Tiwari, Advocate
                 For the Opposite Party/s :       Mr.Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

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

                   APP for the State.

                               2. The petitioners seek bail in Dhaka P.S. case No.

                   658 of 2025 instituted for the offences under Section 30(a) of

                   the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 225 liters

                   liquor was recovered from motorcycle and the petitioner was

                   arrested on spot.

                               4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case.       No incriminating material has been recovered

                   from the conscious possession of the petitioners. The petitioners
           Patna High Court CR. MISC. No.4364 of 2026(2) dt.27-01-2026
                                                       2/2




                     have got no concern with the alleged recovery of liquor. It is

                     further submitted that the motorcycle in question does not

                     belong to the petitioners. The petitioners were passerby of the

                     way and have become victim of circumstances. The petitioners

                     are     in custody since 26.11.2025 and have got no criminal

                     antecedent. There is no compliance of Section 103 of B.N.S.S.,

                     2023.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioners.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, clean antecedent of the petitioner and the period of

                     custody undergone by the petitioners, this Court is inclined to

                     grant bail to the petitioners.

                                  7. Let the petitioners be released on bail on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) each with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Dhaka P.S. case No.

                     658 of 2025.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.