Patna High Court
CR. MISC./51075/2026 of Golu Kumar Vs The State of Bihar on 29 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51075 of 2026 Arising Out of PS. Case No.-200 Year-2026 Thana- DIGHWARA District- Saran ====================================================== Golu Kumar Son of Late Abhay Singh Resident of Village- Naraunipatti Ami, P.O.- Ami, P.S.-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51075 of 2026
Arising Out of PS. Case No.-200 Year-2026 Thana- DIGHWARA District- Saran ======================================================
Golu Kumar Son of Late Abhay Singh Resident of Village- Naraunipatti Ami, P.O.- Ami, P.S.- Dighwara, District- Saran (Chapra).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Ramkishor Singh, Adv.
For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
29-07-2026 Heard learned Advocate for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Dighwara P.S. Case No. 200 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Acting on a secret information, the police conducted raid, however, on noticing the police party, one person managed to flee from the spot and was subsequently identified by the villagers as well as the local chowkidar to be the present petitioner. During the course of search, 7.5 litres of illicit wine was recovered from the petitioner's shop.
4. There is complete denial of the allegation that any illicit wine has been recovered from the shop of the petitioner.
Patna High Court CR. MISC. No.51075 of 2026(2) dt.29-07-2026
5. The aforesaid statement is also strengthened by the submission of the learned Advocate for the petitioner that there is no compliance of Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, inasmuch as no videography of the search and seizure was conducted, thereby defeating the statutory prescriptions. It is further submitted that the witnesses to the search and seizure are none else but the police personnel, which casts a serious doubt on the fairness of the search and seizure and also amounts to non-compliance with the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Learned Advocate further contended that the petitioner has been falsely implicated in this case solely on account of his past criminal antecedent, as disclosed in paragraph 3 of the bail application. In the aforesaid premise, it is thus submitted that the rigours contemplated under Section 76(2) of the Bihar Prohibition and Excise Act, 2016 is not attracted.
6. On the other hand, learned Advocate for the State opposed the prayer for anticipatory bail.
7. Regard being had to the submissions made on behalf of the parties and considering the complete defiance of Sections 103 and 105 of the BNSS as well as the lack of Patna High Court CR. MISC. No.51075 of 2026(2) dt.29-07-2026
materials which attracts the rigors provided under Sections 76(2) of the Bihar Prohibition and Excise Act, 2016, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- cum-Exclusive Special Excise Court No.1, Saran at Chapra in connection with Dighwara P.S. Case No. 200 of 2026, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.
rohit/- (Harish Kumar, J) U T