Golu Kumar Yadav @ Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48296 of 2025 Arising Out of PS. Case No.-314 Year-2025 Thana- BEUR District- Patna ====================================================== Golu Kumar Yadav @ Golu Kumar S/O Raj Kumar Ray R/O Raja Bazar Machhli, P.S.- Shastrinagar, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Jiban Pd Singh, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Special Case No. 895 of 2025 arising out of Beur PS Case No. 314 of 2025 instituted for the offences under Sections 317(5), 338, 336(3), 340(2), 3(5) of the B.N.S. and Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 609.430 litres of foreign liquor was recovered from Hyundai Car bearing Registration No. JH05DQ-2141.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.48296 of 2025(2) dt.28-07-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that petitioner is neither the owner nor the driver of the seized vehicle. It is further submitted that apprehended co-accused person disclosed the name of the petitioner. The petitioner is in custody since 24.06.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Special Case No. 895 of 2025 arising out of Beur PS Case No. 314 of 2025. (Rudra Prakash Mishra, J) Raj Ranjan/- U T