Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to a bond of Rs. 15,000 and two sureties of the same amount.
Summary
The petitioner, Golu Kumar, was arrested on 2 November 2025 after 85 litres of liquor were recovered from a motorcycle, and a bail petition was filed under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating he was not the owner of the motorcycle, no incriminating material was found in his possession, and his arrest was based merely on suspicion. He also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and noted two prior criminal antecedents for which he was out on bail. The State opposed the bail, but the court considered the circumstances, including the period of custody and the absence of direct evidence. Consequently, the court granted bail, ordering a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise Act when the arrest is based on suspicion and no incriminating material is found in his possession
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail
- Impact of the petitioner’s prior criminal antecedents on the bail decision
Legislation cited
Subjects
- bail
- excise
- liquor seizure
- Section 30(a)
- suspicion arrest
- prior antecedents
- surety bond
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91571 of 2025
Arising Out of PS. Case No.-887 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
Golu Kumar S/O Jay Hind Panday R/O Village- Dihi, P.S- Akbarpur, Distt.-
Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
P.S. Case No. 887 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 85 liters
liquor was recovered from motorcycle 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.91571 of 2025(2) dt.19-01-2026
2/2
for the petitioner also submits that the petitioner has been
arrested only on the basis of suspicion. It is further submitted
that the petitioner is not the owner of the motorcycle in
question. The petitioner is in custody since 02.11.2025 and has
got two criminal antecedents in which he is on bail. 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 Excise P.S. Case No.
887 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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