Patna High Court

Golu Kumar @ Abhishek KumarversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail must be granted as the arrest was on mere suspicion, no incriminating material was recovered, and the statutory safeguards under Section 103 were not observed.

Summary

The petitioner, Golu Kumar, was arrested in Patahi for alleged possession of 765 litres of liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution claimed the liquor was recovered from a hut, but the petitioner asserted he had no connection to the premises, which belonged to a deceased person, and that no incriminating material was found in his possession. He argued that his arrest was based solely on suspicion and that the State had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court considered the lack of evidence, the petitioner’s prior custody since 9 October 2025, and the principle of bail for offences of this nature. Consequently, the court granted bail on condition of a Rs. 15,000 bond with two sureties.

Issues considered

Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act when the arrest is based only on suspicion and no incriminating material is found, and where Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has not been complied with.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
suspicion
Section 30(a)
Section 103
criminal procedure
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87725 of 2025
                    Arising Out of PS. Case No.-424 Year-2025 Thana- PATAHI District- East Champaran
                 ======================================================
                 Golu Kumar @ Abhishek Kumar S/o Birendra Sah @ Virendra Sah Resident
                 of Village - Kodariya, P.S - Patahi, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kundan Rathore Alias Kundan Kumar, Adv.
                 For the Opposite Party/s :        Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Patahi

                   P.S. Case No. 424 of 2025, instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 765 liters

                   liquor was recovered from hut and the petitioner was arrested on

                   spot.

                                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. Learned counsel
           Patna High Court CR. MISC. No.87725 of 2025(2) dt.13-01-2026
                                                       2/2




                     for the petitioner also submits that the alleged place of recovery

                     does not belong to the petitioner. The alleged recovery has been

                     made from the house of deceased Sikandar Ram. It is further

                     submitted that the petitioner has been arrested only on the basis

                     of suspicion. The petitioner is in custody since 09.10.2025 and

                     has got one criminal antecedent. 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 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 Patahi P.S. Case No.

                     424 of 2025.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T

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