Golden Kumar @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23207 of 2026 Arising Out of PS. Case No.-12 Year-2026 Thana- MANSI District- Khagaria ====================================================== Golden Kumar @ Golu Son of Dharmendra Yadav Resident of village - Saidpur, P.S.- Mansi, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh Mrs. Sweta Suman Mr. Manisakar Kumar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 10-04-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 21(c) of N.D.P.S. Act.

3. As per FIR, 560 litres of WISCOF syrup kept in 5600 bottles of 100 ml. each were recovered from the vehicle.

4. Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and his name transpired on the basis of confessional statement of coaccused Nagendra Kumar, who stated that the petitioner was one of the person who had fled away from the place of occurrence. It is further submitted that no recovery has been made from the personal and conscious possession of the petitioner as the

Patna High Court CR. MISC. No.23207 of 2026(2) dt.10-04-2026 2/3 vehicle in question also does not belong to him. It is further submitted that the mandatory provisions of search and seizure have been violated as there is no independent witness to the seizure list.

5. Learned APP for the State has opposed the application for anticipatory bail on the ground that the petitioner has four criminal antecedent, in response to which, it has been submitted that none of the cases are under the N.D.P.S. Act and the petitioner is on bail in all the cases.

6. Taking into consideration the facts and circumstances and also considering the fact that the name of the petitioner has only transpired on the basis of confessional statement of co-accused and there is no recovery from his possession, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees 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 with Mansi P.S. Case No. 12 of 2026, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S., subject to further conditions:

Patna High Court CR. MISC. No.23207 of 2026(2) dt.10-04-2026 3/3 (i) One of the bailors will be a family member/close relative.

(ii) The petitioner would appear before the Investigating Agency as and when required and in case of any non-cooperation, the prosecution would be at liberty to file an application for cancellation of bail.

(Soni Shrivastava, J) devendra/- U T