Patna High CourtCR. MISC./54504/2025bail granted

Golu Kumar v. The State Of Bihar

2025-08-13Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54504 of 2025 Arising Out of PS. Case No.-476 Year-2025 Thana- DIGHA District- Patna ====================================================== Golu Kumar S/o Bharat Rai @ Bharat Kumar Village- Lodipur, Dostnagar, PO and PS- Maner, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Kumar, Advocate For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Digha P.S. case No. 476 of 2025 instituted for the offences under Section 317 of Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 104.22 liters liquor was recovered from Auto.

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 no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.54504 of 2025(2) dt.13-08-2025 2/2 further submitted that the petitioner was neither the owner nor the driver of the Auto. The petitioner was just a passerby of the way and the police has falsely implicated the petitioner with ulterior motive. The petitioner is in custody since 02.07.2025 and has got two criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 2023.

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 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.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Digha P.S. case No. 476 of 2025.

(Rudra Prakash Mishra, J) Pankaj/- U T