Patna High Court

Gopal Yadav @ Gopal KumarversusThe State of Bihar

Decided: 13 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.

Summary

The petitioner, Gopal Yadav, was implicated in a case under Sections 30(a), (c), (d), 33 and 36 of the Bihar Excise Act for allegedly recovering 64.5 litres of liquor and 89 empty bottles from a bush near the Sone river. He asserted that he has a clean criminal record, that the alleged liquor was not in his possession at the time of arrest, and that the location of recovery does not belong to him. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his antecedents within six weeks. If any prior case is discovered, the bail will not be confirmed; otherwise, the provisional bail will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail should be granted to the petitioner accused under the Bihar Excise Act when the alleged contraband was not in his immediate possession and he claims a clean antecedent.

Subjects

anticipatory bail
excise law
clean antecedent
bail conditions
Section 482
Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14601 of 2026
                    Arising Out of PS. Case No.-259 Year-2025 Thana- DALMIYA NAGAR SAHAYAK
                                                     District- Rohtas
                 ======================================================
                 Gopal Yadav @ Gopal Kumar S/O Gorakh Yadav @ Dineshwar Singh
                 Resident of Village- Makraien, PS- Dalmianagar, Disttt-Rohtas District
                 Rohtas

                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Siddharth Harsh, Advocate
                 For the Opposite Party/s :     Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a) (c)

                   (d), 33 and 36 of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 64.500 liters of liquor from a bush near bank of

                   Sone river along with 89 empty liquor bottles.

                                4. Learned    counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.14601 of 2026(2) dt.13-03-2026
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          and is accessible to villagers at large and he came to be

          implicated based on secret information which is the easiest way

          to implicate someone, when petitioner is a person with clean

          antecedent.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          500/- (Rupees Five Hundred) with two sureties of the like

          amount each to the satisfaction of the learned Trial Court where

          the case is pending/successor court in connection with

          Dalmianagar P.S. Case No. 259 of 2025 subject to the

          conditions as laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a
            Patna High Court CR. MISC. No.14601 of 2026(2) dt.13-03-2026
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                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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