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Patna High Court

Gopal NutversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Gopal Nut, sought anticipatory bail fearing arrest in a case (PS Madhaurah Case No. 798/2025) under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 40 litres of liquor. He claimed the allegation arose solely from a hostile local chowkidar’s disclosure, asserted he had no involvement, and argued that the investigation violated Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, highlighting the petitioner’s four prior similar criminal convictions. The Court examined the lack of compliance with Section 103 and the petitioner’s criminal antecedents, concluding that the case was not suitable for anticipatory bail. Consequently, the petition for anticipatory bail was rejected, though the Court allowed the petitioner to surrender within six weeks and apply for regular bail without prejudice.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the investigation complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • criminal antecedents
  • Section 103
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14151 of 2026
                     Arising Out of PS. Case No.-798 Year-2025 Thana- MADHAURAH District- Saran
                 ======================================================
                 Gopal Nut Son of Dudhnath Nat R/o village - Bajit Bhoraha, P.S.-
                 Madhaurah, Dist.- Saran at Chapra.
                                                                    ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ajit Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr.Arun Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Madhaurah/Marhowrah/Madhaura P.S. Case No. 798 of

                   2025, instituted for the offences under Sections 30(a) of the

                   Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that total 40 litres

                   of liquor was recovered from plastic boxes.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case on the basis of

                   disclosure made by local Chowkidar. The petitioner has inimical

                   term with the Chowkidar. The petitioner has got no concern with

                   the alleged recovery of liquor. The petitioner has four criminal
           Patna High Court CR. MISC. No.14151 of 2026(2) dt.25-02-2026
                                                       2/2




                     antecedents. There is no compliance of Section 103 of the

                     Bharatiya Nagarika Suraksha Sanhita, 2023. Learned counsel

                     for the petitioner, therefore, contends that prima-facie no case is

                     made out against the petitioner.

                             5.      Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner. The petitioner has

                     four criminal antecedents of similar nature.

                             6. Considering the aforesaid facts and circumstances of

                     the case as also criminal antecedent of the petitioner, in my

                     view, this is not a fit case for anticipatory bail.

                             7. Accordingly, the prayer for grant of anticipatory bail to

                     the petitioner is, hereby, rejected.

                             8. However, if the petitioner surrenders before the learned

                     court below within a period of six weeks from today and prays

                     for regular bail, the same shall be disposed of on its own merit

                     without being prejudiced by this order.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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