Patna High Court

Goldy KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Goldy Kumar, was arrested as the driver of a vehicle from which 314.165 litres of foreign liquor was seized, alleged to be a violation of Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he had no knowledge of the liquor and that no incriminating material linked him to the contraband, and highlighted his clean record and lack of compliance with Section 103 of the BNSS, 2023. The State opposed bail, but the court considered the facts, the duration of his custody since 14‑11‑2025, and the absence of evidence of conscious possession. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties, imposing conditions regarding family surety, regular court appearances, and possible cancellation on default. The order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

Whether bail should be granted to the accused under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, given the circumstances of arrest, lack of incriminating material, and non‑application of Section 103 of the BNSS, 2023.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
foreign liquor
driver
possession
Section 103 BNSS 2023
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.966 of 2026
                     Arising Out of PS. Case No.-323 Year-2025 Thana- DUMARIAGHAT District- East
                                                       Champaran
                 ======================================================
                 Goldy Kumar S/O Shanti Swarup Resident of Village- A- 267, Tughalaqabad,
                 V.P. Singh, Camp Railway Colony, P.S.- Tughalaqabad, District- South Delhi,
                 New Delhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bijay Prakash Singh, Adv.
                 For the Opposite Party/s :      Mr. Dr. Kumar Uday Pratap, 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

                   Dumariyaghat PS Case No. 323 of 2025 instituted for the

                   offences under Sections 30(a) & 41(1) of the Bihar Prohibition

                   and Excise Act.

                           3. The prosecution case, in short, is that 314.165 liters of

                   foreign liquor was recovered from the car and the petitioner was

                   arrested on the 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
Patna High Court CR. MISC. No.966 of 2026(2) dt.19-01-2026
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          the conscious possession of the petitioner. The petitioner has got

          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner submits that the petitioner is the driver of the

          vehicle in question and he has no knowledge regarding the

          nature of goods kept in the vehicle. The petitioner is in custody

          since 14.11.2025 and has got no criminal antecedent. There is

          no compliance of Section 103 of the BNSS, 2023.

                  5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties of the

          like amount each to the satisfaction of Court below/concerned

          Court in connection with Dumariyaghat PS Case No. 323 of

          2025, subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.966 of 2026(2) dt.19-01-2026
                                                       3/3




                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T

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