Golu Singh @ Gulshan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38503 of 2025 Arising Out of PS. Case No.-532 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Golu Singh @ Gulshan Singh s/o Mukesh Singh Resident of Village- Ratanua Behind Mission School, P.S.- Muffasil Aurangabad, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Devesh Kumar Singh For the Opposite Party/s :
Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-06-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Excise P.S. Case No. 532 of 2025, for the offence under Sections 30(a), 30(c), 30(d), 32(3) of the Bihar Prohibition and Excise Amendment Act, lodged on 18.05.2025 by the informant, Vishwajeet Kumar Singh.
3. As per the prosecution story, the informant alleged that from the hen firm, there is recovery/seizure of 80 litres of spirit. This led to the F.I.R.
4. Learned counsel for the petitioner submits that the firm belongs to one Mukesh Singh and not this petitioner. He has no criminal antecedent and only because his name was taken by other arrested person he got been implicated.
5. Learned APP opposes the prayer of bail and
Patna High Court CR. MISC. No.38503 of 2025(2) dt.25-06-2025 2/3 submits that his name has cropped up on the basis of confessional statement of arrested person.
6. Taking into account the submissions of the parties as also that the petitioner has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise-II, Aurangabad connection with Excise P.S. Case No. 532 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with 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/her bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.38503 of 2025(2) dt.25-06-2025 3/3 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;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) Ranjeet/- U T