Golu Kumar @ Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45540 of 2026 Arising Out of PS. Case No.-27 Year-2026 Thana- MUSAHARI District- Muzaffarpur ====================================================== Golu Kumar @ Rajiv Kumar Son of Raju Sah Resident of Village- Nayagaon @ Chapra Megh, P.S.- Musahari, District- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ravi Ranjan, Advocate For the Opposite Party :

Mr. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Musahari P.S. Case No.27 of 2026 registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 54 litres of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for the petitioner that recovery of alleged illicit liquor was made from behind the bathan of the petitioner which is an open

Patna High Court CR. MISC. No.45540 of 2026(2) dt.10-07-2026 2/3 place accessible to general pubic. It is also submitted name of petitioner arrayed solely on the disclosure made by the local chowkidar. It is also submitted that recovery of illicit liquor was not made from conscious possession of this petitioner and also the petitioner was not present at the spot. It is further submitted that the seizure list also appears doubtful being not supported by independent witnesses rather than by police personnel. Petitioner claimed clean antecedent.

5. Learned APP opposed the prayer of anticipatory bail to the petitioner.

6. In view of aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, who is a man of clean antecedent, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released 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

Patna High Court CR. MISC. No.45540 of 2026(2) dt.10-07-2026 3/3 learned Exclusive Special Judge Excise Court No. III, Muzaffarpur, in connection with Musahari P.S. Case No.27 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Aniket/- U T