Patna High Court
Gopal NutversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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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