Golu Kumar @ Kanhaiya Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33992 of 2025 Arising Out of PS. Case No.-349 Year-2023 Thana- Excise P.S. District- Begusarai ====================================================== Golu Kumar @ Kanhaiya Kumar S/O Manoranjan Chaudhary @ Ranjan Chaudhary R/O Village- Tajpur, PS- Bhagwanpur, Dist.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Sharma, Advocate For the State :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-08-2025 Heard the parties.
2. The petitioner is in custody in connection with Excise P.S. Case No. 349 of 2023 for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act, lodged on 04.08.2023. by the informant, Pramod Kumar Das.
3. As per the prosecution story, the informant alleged that upon secret information, the place was raided. Though the accused managed to escape, behind the bushes, 468 liters of foreign liquor recovered/seized. The locals gave the name of the petitioner as the accused person.
4. Learned counsel for the petitioner submits that the recovery is from the bushes not from his conscious possession for which two FIRs have been lodged, is in custody since 24.04.2025 and if granted relief, shall be diligently appearing in
Patna High Court CR. MISC. No.33992 of 2025(3) dt.01-08-2025 2/3 trial.
5. Learned APP opposes the prayer for bail submitting that 468 liters of foreign liquor recovered/seized.
6. Considering the submissions of the parties as also that the recovery/seizure is from the bushes, he has remained in custody since 24.04.2025 and an undertaking has been given that he shall be diligently appearing in trail, in that background, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Judge-2, Begusarai, in connection with Excise P.S. Case No. 349 of 2023, subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his
Patna High Court CR. MISC. No.33992 of 2025(3) dt.01-08-2025 3/3 attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) vinayak/- U T