Golu Kumar @ Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61969 of 2025 Arising Out of PS. Case No.-145 Year-2024 Thana- PARSAUNI District- Sitamarhi ====================================================== Golu Kumar @ Alok Kumar S/o Sant Lal Choudhary R/o Village- Parsauni (Riga More), P.S- Parsauni, Distt.- Sitamarhi (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Veena Kumari Jaiswal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application for grant of anticipatory bail arises out of Parsauni Police Station Case No. 145 of 2024, disclosing offence under Sections 317(5) of B.N.S. and 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution story, as per the First Information report, is that upon secret information, when the informant along with police force reached at village-Mushari, they saw that 8-9 persons were gathered there and upon seeing police party, they started fleeing away, out of which, one was caught hold by the police and he disclosed the name of the petitioner as one of the persons who fled away. Upon search, 585 liters of illicit Nepali liquor was recovered near the field of

Patna High Court CR. MISC. No.61969 of 2025(2) dt.24-09-2025 2/3 Chunni Singh kept under the pipal tree and seizure list was prepared.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the basis of disclosure made by apprehended accused Law Paswan. He further submits that illicit liquor has been recovered from an open space, accessible to everyone. Petitioner is having no criminal antecedent. He lastly submits that similarly situated co-accused person has already been granted bail by this Court vide order dated 29.01.2025, passed in Cr. Misc. No. 90323 of 2024.

5. Having regard to the submissions made by the parties and taking into consideration the justification given by the petitioner and the fact that illicit liquor has been recovered from an open space and name of the petitioner has transpired on disclosure of apprehended accused person and petitioner is having no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.61969 of 2025(2) dt.24-09-2025 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Exclusive Special Excise Court No.-II, Sitamarhi, in connection with Parsauni Police Station Case No. 145 of 2024, subject to the condition laid down under Section 482 (2) of the B.N.S.S. (Anil Kumar Sinha, J) Siwani/- U T