Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The anticipatory bail application is allowed, granting provisional anticipatory bail subject to bond and verification of antecedent.
Summary
Golu Kumar applied for anticipatory bail fearing arrest under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act for alleged recovery of large quantities of liquor. He asserted a clean criminal record, argued that the alleged liquor was recovered from a location not under his possession and that the complaint was motivated by a hostile watchman. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his antecedent under Section 482(2) of the B.N.S.S. The order was conditioned that if any antecedent is discovered, the bail would not be confirmed.
Issues considered
- Whether anticipatory bail should be granted in a case under the Bihar Prohibition and Excise Act.
- Whether the petitioner’s clean antecedent and lack of possession justify anticipatory bail.
- Whether the FIR is tainted by false implication.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 482
- clean antecedent
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89384 of 2025
Arising Out of PS. Case No.-99 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Golu Kumar Son of Sanjay Sahani Resident of Sakin Hussepur Naya Tola,
P.S.- Sahebganj, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Sweety Sinha, Advocate
For the Opposite Party/s : Ms. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) and 30(d) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 230 litres of liquor from a bush and 5000 litres of
fermented Jawa Mahua which was destroyed. It is next
submitted that petitioner was not arrested from the spot, as such,
nothing was recovered from his conscious possession and even
alleged recovery is from a place which does not belong to the
petitioner and is accessible to villagers at large and he came to
be implicated at the instance of Chowkidar with whom he is on
Patna High Court CR. MISC. No.89384 of 2025(2) dt.17-01-2026
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an inimical term. It is also submitted that if Chowkidar was
aware of the involvement of the petitioner in the occurrence
then why he did not inform the police prior to institution of the
instant FIR, which casts an aspersion on the case of the
prosecution. It is also submitted that it appears that the
Chowkidar in order to save the real culprit falsely implicated the
petitioner, when petitioner admittedly is a person with clean
antecedent.
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.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Special Judge,
Excise Court-II, Muzaffarpur in connection with Sahebganj P.S.
Case No.99 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
Patna High Court CR. MISC. No.89384 of 2025(2) dt.17-01-2026
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accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, 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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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