Patna High Court/3686/2026bail granted

Golu Kumar v. The State Of Bihar

2026-01-27Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3686 of 2026 Arising Out of PS. Case No.-285 Year-2025 Thana- EXCISE MADHUBAN District- East Champaran ====================================================== 1.

Golu Kumar S/o Late Rajendra Paswan R/o Village - Bara Govind, P.S - Chakiya, District - East Champaran 2.

Akhilesh Kumar Paswan S/o Ramashish Paswan R/o Village - Bara Govind, P.S - Chakiya, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nagendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-01-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Excise Madhuban P.S. Case No. 285 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 60 litres of country made liquor was recovered from motorcycle. Both petitioners arrested on the spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.3686 of 2026(2) dt.27-01-2026 2/2 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. The alleged motorcycle belongs to Bhabhi of petitioner No.2. The petitioners are not the owner of the vehicle rather they were passersby of the way and have become victim of circumstances. The petitioners are in custody since 07.11.2025 and have got no criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Madhuban P.S. Case No. 285 of 2025.

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