Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72701 of 2025 Arising Out of PS. Case No.-228 Year-2025 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== Golu Kumar S/o Kailu Yadav R/o vill - Baila Pilgada, ward no. 6, P.S.- Beldaur, Distt.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 14-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Bakhtiyarpur P.S. Case No. 228 of 2025 registered for the alleged offences under Sections 30(a) and 41 of the Bihar Prohibition & Excise Act, 2016.

03. As per prosecution case, during night patrolling, a CNG Auto was chased and this petitioner was apprehended when two persons from it started running away on seeing the police party. The petitioner disclosed the name of co-accused Ravi Kumar who fled away from the spot. On search of the vehicle, recovery of 72 liters of India made foreign liquor was made.

Patna High Court CR. MISC. No.72701 of 2025(2) dt.14-10-2025 2/3

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of the Auto. The petitioner is having clean antecedent and is in custody since 25.07.2025. Charge-sheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is directed to 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 learned Exclusive Special Excise Judge-II, Saharsa/court concerned in connection with Bakhtiyarpur P.S. Case No. 228 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.72701 of 2025(2) dt.14-10-2025 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T