Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12733 of 2025 Arising Out of PS. Case No.-1013 Year-2024 Thana- RAMKRISHNANAGAR DistrictPatna ====================================================== Golu Kumar S/o- Surendra Yadav @ Surendra Ji @ Surendra @ Surendra Ji Yadav @ Surendra Singh R/o- Sheikhpura Ps- Ramkrishna Nagar Dist- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-03-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32(2), 32(3) and 41 of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of six cases and allegation is of recovery of 560 litres of liquor from an auto. 4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle. It is next submitted that he came to be implicated based on confessional statement of apprehended accused in police custody which does not have any evidentiary

Patna High Court CR. MISC. No.12733 of 2025(2) dt.28-03-2025 2/3 value. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically.

5.

Learned counsel for the petitioner, at this stage, clarifies that in the anticipatory bail application at para-3 only one antecedent is pleaded, but then a supplementary affidavit has been filed today, in which other five antecedents of the petitioner stands recorded.

6.

The supplementary affidavit is taken on record. 7.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

8.

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 trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ramkrishna Nagar P.S. Case No. 1013 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS. 9.

It is made clear that thereafter the learned Trial

Patna High Court CR. MISC. No.12733 of 2025(2) dt.28-03-2025 3/3 Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than six cases in that event the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of only six cases, in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) SUMIT/- U T