Patna High Court
Golu Kumar @ Aditya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
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