Gholtu Singh @ Mukesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45055 of 2026 Arising Out of PS. Case No.-79 Year-2026 Thana- BAUNSI District- Araria ====================================================== Gholtu Singh @ Mukesh Singh Son of Late Ram Singh @ Ramesh Singh, Resident of Village - Hansa, Ward No. - 06, Police Station - Raniganj, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the State :
Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 08-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Bausi P.S. Case No. 79 of 2026, dated 11.05.2026, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
3. As per allegation, one person was driving the motorcycle with a bag hanging from it, but seeing the police, the motorcyclist fled away leaving behind the motorcycle, wherefrom 14 liter of illicit liquor has been recovered. As per local chowkidar, the person, who fled away, was the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.45055 of 2026(2) dt.08-07-2026 2/3 case. He further submits that the petitioner has clean antecedent and he is neither driver nor owner of the vehicle. He also submits that the whole case is based only on suspicion and there is no cogent incriminating material against the petitioner.
5. On the basis of the material available, no case is made out against the Petitioner under Excise Act and the Petitioner is entitled to get anticipatory bail.
6. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Bausi P.S. Case No. 79 of 2026, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the
Patna High Court CR. MISC. No.45055 of 2026(2) dt.08-07-2026 3/3 following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T