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Patna High Court

Golu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed provisional anticipatory bail subject to a bond, sureties and verification of antecedents, with confirmation contingent on the petitioner having no more than two prior cases.

Summary

The petitioner, Golu Kumar, sought anticipatory bail fearing arrest in a case under IPC Section 414 and Bihar Prohibition and Excise Act, 2018 Section 30(a) concerning alleged recovery of large quantities of liquor from his vehicle and a mango orchard. He argued that the liquor was not in his conscious possession, that he was unaware of his friend’s misuse of the vehicle, and that ownership of the vehicle should not implicate him. The State opposed the bail. The High Court, applying Section 438(2) of the Cr.P.C., granted provisional anticipatory bail on a bail bond of Rs.10,000 with two sureties, subject to verification of his criminal antecedents. The order stipulated that if more than two prior cases are found, the bail would be revoked; otherwise, it would be confirmed. The petitioner also undertook to deposit Rs.2,500 with the Lawyers’ Association.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 Cr.P.C. to a person alleged to be involved in offences under IPC Section 414 and Bihar Prohibition and Excise Act, 2018 Section 30(a).
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
  • Whether ownership of the vehicle used in the alleged offence creates sufficient grounds to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • IPC Section 414
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • criminal antecedents
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84504 of 2025
                       Arising Out of PS. Case No.-140 Year-2023 Thana- DUMRA District- Sitamarhi
                 ======================================================
                 Golu Kumar Son of Lalan Rai Resident of Village- Vishunathpur, P.S.-
                 Dumra, District- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pushpendra Kumar Singh, Advocate
                 For the Opposite Party/s :        Ms. Rina Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Section 414 of the Indian

                   Penal Code as well as Section 30(a) of Bihar Prohibition and

                   Excise Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of two cases and allegation is of

                   recovery of 18 litres of liquor from a motorcycle, 36 litres of

                   liquor from a Scooty and 168 litres of liquor from a mango

                   orchard of Upendra Thakur. It is next submitted that petitioner

                   was not arrested from the spot, as such, nothing was recovered

                   from his conscious possession and he came to be implicated

                   based on the fact that he is owner of the seized motorcycle. It is
Patna High Court CR. MISC. No.84504 of 2025(2) dt.30-01-2026
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          next submitted that no prudent person would use his own

          vehicle for committing an occurrence and thus, would create

          evidence against himself and hence, would get implicated and,

          at the same time, shall bring disrepute to his business. It is also

          submitted that petitioner was completely unaware that his friend

          would misuse the vehicle in the manner as alleged.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of

          the like amount each to the satisfaction of learned Exclusive

          Special Excise Court No.-I, Sitamarhi in connection with Dumra

          P.S. Case No.140 of 2023, subject to the conditions laid down

          under Section 438(2) of the Cr.P.C.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is
               Patna High Court CR. MISC. No.84504 of 2025(2) dt.30-01-2026
                                                           3/3




                         found that petitioner has antecedents of more than two cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedents of only two cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.

                                      8. At this stage, learned counsel for the petitioner,

                         based on instruction, submits that petitioner undertakes to

                         deposit an amount of Rs.2500/- with Lawyers’ Association,

                         Patna High Court within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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