Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The petitioners are entitled to bail, subject to the stipulated bond and conditions.
Summary
The petitioners, Golu Kumar and Amarnath Kumar, were arrested as driver and co‑driver of a vehicle from which 225 litres of foreign liquor was seized, and were charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. They pleaded that they were unaware of the contraband, were merely following their employer’s orders, and have clean antecedents. The State opposed bail, while the petitioners offered to deposit a bail bond of Rs 2,500 each with the Advocate Association. The High Court, after considering the facts, granted bail on a bond of Rs 10,000 per petitioner with two sureties, imposing conditions such as presence in court, verification of antecedents, and cancellation on breach. The order directed the trial court to accept the bail upon receipt of the deposit and clarified that the observations in the order would not affect the trial.
Issues considered
- Whether the drivers, who claim lack of knowledge of the contraband, are entitled to bail under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the presence of a large quantity of foreign liquor justifies denial of bail.
- Whether the conditions imposed by the court are appropriate and lawful.
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- criminal procedure
- Bihar Prohibition and Excise Act
- driver ignorance
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89693 of 2025
Arising Out of PS. Case No.-974 Year-2025 Thana- Excise P.S. District- Kishanganj
======================================================
1. Golu Kumar S/o- Achchelal Mahto Village- Bhawanipur PS- Turki, Dist-
Muzaffarpur
2. Amarnath Kumar S/o- Hulash Sahni R/o- Mishrauliya, Afzalpur Ps- Belsar
Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 07-01-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. Petitioners, who are in custody, seeks bail in
connection with Madya Nisedh P.S. Case No. 974 of 2025
registered for the offence(s) punishable under Section(s)
30(a)/32(3) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, a total of 225 litres
of foreign liquor is stated to have been recovered from two
pickup vehicles and the petitioners were apprehended at the
spot.
4. The learned counsel for the petitioners submits
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that petitioner no. 1 was the driver and petitioner no. 2 was
the co-driver of the vehicle and that they were not aware of
the contents kept in the van. It is further submitted that the
petitioners have been falsely implicated in the present case
and that they were merely obeying the order of their
employer, having no concern whatsoever with the recovered
liquor. The learned counsel lastly submits that the
petitioners have clean antecedent and they are in custody
since 01.12.2025.
5. The petitioners are willing and undertakes to
deposit a sum of Rs. 2,500/- each with the Advocate
Association, Patna High Court.
6. The learned A.P.P. has vehemently opposed the
prayer for bail.
7. Regard being had to the facts and circumstances
of the case, let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten thousand)
with two sureties of the like amount each to the satisfaction
of the learned court below where the case is
pending/successor court in connection Madya Nisedh P.S.
Case No. 974 of 2025, subject to the following conditions:-
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(i) One of the bailors of the petitioners shall be
their close relative and the other shall be the local resident.
(ii) The petitioners shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioners will be liable to be cancelled by the court
concerned.
(iv) If the petitioners are found involved in similar
nature of offence in future, the prosecution shall be at
liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at any
stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
8. The bail bond of the petitioners shall be
accepted by the learned Trial Court on showing receipt of
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deposit of aforesaid amount with the Advocate Association,
Patna High Court.
9. Accordingly, the prayer for bail is allowed.
10. It is made clear that the observation, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
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