Patna High Court
Gopal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.