Golden Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1328 of 2026

Arising Out of PS. Case No.-15 Year-2024 Thana- DHANKUND District- Banka

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Golden Kumar Son of Pravin Kumar Singh Resident of Village - Mokhtiyarpur, Ward No. 16, P.S. - Bhagwanpur, Dist. - Begusarai, Bihar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Anish Kumar, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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3 11-03-2026

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in Dhankund Excise P.S. Case No. 15 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

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The prosecution case, in short, is that, 897.84 liters liquor was recovered from pick-up vehicle.

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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 further submitted that the petitioner is neither the driver nor the owner

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Patna High Court CR. MISC. No.1328 of 2026(3) dt.11-03-2026 2/3

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of the seized vehicle and he has no concern with the same. Name of petitioner has surfaced in this case on the disclosure made by apprehended co-accused person. The petitioner is in custody since 21.12.2025 and has got thirteen (13) criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023.

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

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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.

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Let the petitioner be released on bail, after framing of charge, if not already framed , on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhankund Excise P.S. Case No. 15 of 2024, subject to the following conditions:

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(I) One of the bailors shall be own/close member of the family of the petitioner.

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(II) The petitioner shall appear on each and every date fixed at the trial and shall not remain absent on two consecutive dates without sufficient cause.

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Patna High Court CR. MISC. No.1328 of 2026(3) dt.11-03-2026 3/3

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(III) The petitioner will not tamper with the evidence

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or the witnesses during the trial.

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(IV) Petitioner shall not commit offence of similar

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nature in future.

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If any of the above conditions are violated, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.