Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19175 of 2025 Arising Out of PS. Case No.-114 Year-2024 Thana- Rangara District- Bhagalpur ====================================================== Golu Kumar S/o Rajendra Raut Resident of Village- Chouthai Kulhi, P.S.- Jhariya, Dstrict- Dhanbad, State- Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Rangra P.S. Case No. 114 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per prosecution case, the police has recovered total 457.920 liters illicit foreign liquor from the pick-up vehicle bearing Regd. No. BR09R 7626. The petitioner was arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and

Patna High Court CR. MISC. No.19175 of 2025(2) dt.28-03-2025 2/3 has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is neither owner of the seized vehicle nor the mobile phone belongs to the petitioner. The petitioner has no concern with the seized liquor. The petitioner had no idea that there is a secret chamber in the alleged vehicle and the illicit liquor being kept inside the same. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 24.11.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let

Patna High Court CR. MISC. No.19175 of 2025(2) dt.28-03-2025 3/3 the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rangra P.S. Case No. 114 of 2024. (Rudra Prakash Mishra, J) rishi/- U T