IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
(arising out of SLP (Crl.) No. 12888 of 2023)
GOLKI @ SUDHIR KUMAR @ SUDHIR KUMAR
RAI ….. APPELLANT(S)
VERSUS

STATE OF BIHAR ….. RESPONDENT(S)
O R D E R
Leave granted.
Having considered the facts of the present case, we direct that the appellant Golki @ Sudhir Kumar @ Sudhir Kumar Rai, who is enjoying interim protection granted by this Court vide order dated 10.11.2023, in the event of being arrested in connection with First Information Report No.736/2021 dated 01.12.2021 registered with Police Station Mahua, District Vaishali, Bihar for the offence(s) punishable under the Bihar Prohibition and Excise Act, 2016 and the Bihar Prohibition and Excise (Amendment) Act, 2018, shall be released on bail by the arresting/investigating officer/trial court on terms and conditions to be fixed by the trial court.

In addition, the appellant Golki @ Sudhir Kumar @ Sudhir Kumar Rai shall comply with the requirements mentioned in Section 438(2) of the Code of Criminal Procedure, 1973.

Recording the aforesaid, the impugned order is set aside and the appeal is allowed in the above terms.
We however clarify that observations made in this order are for the purpose of disposal of the present appeal, and would not be construed as findings and observations on the merits of the case. Pending application(s), if any, shall stand disposed of.
………………J.
(SANJIV KHANNA)
………………J.
(DIPANKAR DATTA)
NEW DELHI;
JANUARY 22, 2024.

ITEM NO.4 COURT NO.2 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 12888/2023
(Arising out of impugned final judgment and order dated 04-07-2023 in CRLM No. 7354/2023 passed by the High Court of Judicature at Patna)
GOLKI @ SUDHIR KUMAR @ SUDHIR KUMAR RAI Petitioner(s)
VERSUS
THE STATE OF BIHAR Respondent(s)
IA No. 206508/2023 – EXEMPTION FROM FILING O.T.)

Date : 22-01-2024 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SANJIV KHANNA
HON’BLE MR. JUSTICE DIPANKAR DATTA
For Petitioner(s) Mr. Kumar Gaurav, Adv.
Mr. Tom Joseph, AOR
Mr. Linto K. B., Adv.
Mr. Robin Jacob, Adv.

For Respondent(s) Mr. Rishi K Awasthi, Adv.
Mr. Piyush Vatsa, Adv.
Ms. Ritu Arora, Adv.
Mr. Amit Vikram Awasthi, Adv.
Ms. Yukti Anand, Adv.
Mr. Usman Khan, Adv.
Mr. Avinash Ankit, Adv.
Mr. Rahul Kumar Gupta, Adv.
Mr. Shubham Saxena, Adv.
Mr. Punit Vinay, AOR

UPON hearing the counsel, the Court made the following
O R D E R
Leave granted.
Having considered the facts of the present case, we direct that the appellant Golki @ Sudhir Kumar @ Sudhir Kumar Rai, who is enjoying interim protection granted by this Court vide order dated 10.11.2023, in the event of being arrested in connection with
No.736/2021 dated 01.12.2021 registered with Police Station Mahua, District Vaishali, Bihar for the offence(s) punishable under the Bihar Prohibition and Excise Act, 2016 and the Bihar Prohibition and Excise (Amendment) Act, 2018, shall be released on bail by the arresting/investigating officer/trial court on terms and conditions to be fixed by the trial court.
The appeal is allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(BABITA PANDEY) (R.S. NARAYANAN)
COURT MASTER (SH) ASSISTANT REGISTRAR
(Signed order is placed on the file)