Golu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70726 of 2025 Arising Out of PS. Case No.-167 Year-2025 Thana- JURAWANPUR District- Vaishali ====================================================== Golu Kumar son of Hari Nath Ray @ Hari Ray Resident of Village- Bishnpur Said Ali Bhatan Tola, P.S.- Bidupur, Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aniket Singh, Advocate For the Opposite Party/s :
Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-10-2025 Heard the parties.
2. The petitioner apprehends his arrest in connection with Jurawanpur P.S. Case No. 167 of 2025 for the offence registered under sections30(a) of the Bihar Prohibition and Excise Act, lodged on 23.07.2025 by the informant, SI Brijesh Kumar.
3. As per the prosecution story, the informant alleged that on secret information, the police reached near the house of Wakil Ray, on the sight of the police they managed to escape and upon search of the motorcycle, 20 litres of country made liquor recovered/seized, this led to the FIR.
4. Learned Counsel for the petitioner submits that nothing has been recovered from his conscious possession, has no criminal antecedent nor the motorcycle belongs to him.
5. Learned APP for the State, on the other hand,
Patna High Court CR. MISC. No.70726 of 2025(2) dt.14-10-2025 2/3 opposes the prayer for anticipatory bail submitting that locals have named him.
6. Taking into account the submission of the parties as also that he is only 18 years of age, having no criminal antecedent, motorcycle does not belong to him, in that background, this Court is inclined to grant him the anticipatory bail with conditions.
7. However, if it is found that contrary to the statement made in paragraph 3, the petitioner has criminal antecedent, the present order shall become infructuous.
8. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 2-cum- Additional District & Sessions Judge, Vaishali at Hajipur in connection with Jurawanpur P.S. Case No. 167 of 2025 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor of the petitioner(s) should be the family members/relatives/distant relatives of the petitioner, who shall provide official document to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every
Patna High Court CR. MISC. No.70726 of 2025(2) dt.14-10-2025 3/3 date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself; (iii) the petitioner(s) shall appear before the concerned police station every fortnight for next six months to mark attendance and at the end of the period, the certificate be submitted to the Court;
(iv) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner(s) shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Raj Ranjan/- U T