← Library
Patna High CourtCR. MISC./56530/2025allowed

Golu Kumar @ Nitesh Kumar v. The State Of Bihar

2025-09-08Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56530 of 2025 Arising Out of PS. Case No.-43 Year-2025 Thana- FCI District- Begusarai ====================================================== Golu Kumar @ Nitesh Kumar Son of Om Prakash Sah @ Om Prakash Sinha Resident of Village- Bihat, Tola- Jagir, P.S.- F.C.I., District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is total recovery of 22.05 litres Indian made foreign liquor from a ditch behind the shop of Budho Singh.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of disclosure statement of local chaukidar. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern with the seized illicit liquor. The alleged recovery has been made from a ditch behind the shop of Budho Singh which is an open place accessible to all. The petitioner has no criminal antecedent and he undertakes to

Patna High Court CR. MISC. No.56530 of 2025(2) dt.08-09-2025 2/2 cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge I, Begusarai in connection with F.C.I. P.S. Case No.43 of 2025, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Harish/- U T