Golu Singh @ Golu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29481 of 2025 Arising Out of PS. Case No.-43 Year-2025 Thana- MEHSI District- East Champaran ====================================================== Golu Singh @ Golu Kumar Son of Vakil Singh Resident of village - Maripur, Ps- Garahiya, dist- East champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The allegation in the first information report is that a total of 108 litres of illicit liquor was recovered from the pickup van while 3425.400 liters of illicit liquor was recovered from a truck but the accused persons managed to flee away.
4. It has been submitted on behalf of the learned counsel for the petitioner that neither the vehicles nor the seized articles belongs to the petitioner and the name of the petitioner has only surfaced in this case on the basis of disclosure made by the local chaukidar. Further, it has also been submitted that the
Patna High Court CR. MISC. No.29481 of 2025(4) dt.19-06-2025 2/3 mandatory provision of search and seizure have been violated as there is no independent witness to the seizure list and as a matter of fact nothing has been recovered from the personal or conscious possession of the petitioner. It has also been submitted that two other co-accused persons of this case have been granted the privilege of anticipatory bail vide orders dated 19.05.2025 passed in Cr. Misc. No. 32411 of 2025 and vide order dated 26.05.2025 passed in Cr. Misc. No. 25085 of 2025.
5. Learned APP for the State opposes the grant of anticipatory bail on the ground that the petitioner is accused in two more cases of similar nature. However, it has been submitted in response that the petitioner is on bail in both the cases.
6. In view of the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Mehsi P.S. Case No. 43 of 2025 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 Exclusive Special Excise Court No.3, Motihari, East Champaran, subject to the condition laid down under Section
Patna High Court CR. MISC. No.29481 of 2025(4) dt.19-06-2025 3/3 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and further condition that the petitioner would co-operate in the process of investigation/trial and would make himself available before the Investigating Officer of the concerned police station on an interval of every 15 days till the submission of the charge-sheet.
(Soni Shrivastava, J) ajay/- U T