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Patna High Court

Gopal KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied.

Summary

The petitioner, Gopal Kumar, sought anticipatory bail after learning that he might be arrested in connection with an excise case involving 104.250 litres of liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed he was falsely implicated based on a co-accused's statement and argued that there was no prima facie case, also noting non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, highlighting the petitioner’s twelve prior criminal convictions of a similar nature. The Court, considering the seriousness of the alleged offence and the petitioner’s extensive criminal record, declined to grant anticipatory bail. However, the Court directed that if the petitioner surrenders within four weeks, a regular bail application may be entertained without prejudice to this order.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the alleged offence under the Bihar Prohibition and Excise Act and his prior criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedents
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarika Suraksha Sanhita
  • excise offence
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16276 of 2026
                      Arising Out of PS. Case No.-554 Year-2025 Thana- Excise P.S. District- Begusarai
                 ======================================================
                 Gopal Kumar Son of Lallan singh Resident Of Mohalla- Jagatpura, Ward No
                 01, Ps -Matihani, District -Begusarai Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Akash Kumar Mishra, Advocate
                 For the Opposite Party/s :         Mr. Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

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

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Begusarai Excise PS Case No. 554 of 2025 instituted for

                   the offences under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                           3.       The prosecution case, in short, is that total 104.250

                   litres of liquor was recovered from a car.

                           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 apprehended co-accused person. The

                   petitioner has got no concern with the alleged recovery of
           Patna High Court CR. MISC. No.16276 of 2026(2) dt.13-03-2026
                                                       2/2




                     liquor. The petitioner has twelve (12) criminal 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. It is fervently

                     submitted that petitioner bears twelve (12) criminal antecedent/s

                     that too of the similar nature, hence, he does not deserve the

                     privilege of anticipatory bail.

                             6.      Considering the aforesaid facts and circumstances

                     of the case as also taking into account the fact that petitioner

                     bears twelve (12) criminal antecedents of the similar nature, this

                     Court is not inclined to grant anticipatory bail to the petitioner.

                     Prayer for grant of anticipatory bail is hereby rejected.

                             7.      However, if the petitioner surrenders before the

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

                     for regular bail, the same would be considered by the court

                     below in accordance with law without being prejudiced by the

                     order of this Court.


                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-
U      T


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