Patna High Court
Gopal Chandra Naskar @ Gopal NaskarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Gopal Chandra Naskar, the owner of a truck, was implicated in the seizure of 2,617.2 litres of liquor under Section 30(a) of the Bihar Excise Act. He argued that he had a clean antecedent and that the liquor was not found in his conscious possession, asserting that his driver and others misused the vehicle without his knowledge. The State opposed his request for anticipatory bail. The Court considered the submissions and, under Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a bail bond of Rs. 500 and two sureties, with a six‑week period for surrender. The order also directed the trial court to verify the petitioner’s criminal antecedent, and if any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed immediately.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s clean antecedent and lack of conscious possession of the seized liquor justify granting anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable and Smuggling (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- Section 482
- clean antecedent
- seizure of liquor
- truck owner
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20257 of 2026
Arising Out of PS. Case No.-63 Year-2022 Thana- MUSRIGHRARI District- Samastipur
======================================================
Gopal Chandra Naskar @ Gopal Naskar Son of Satish Nashkar Resident of
Village- Chandrabati School Math, P.S.- Sankrail, District- Howrah (Best
Bangal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramadhar Shekhar
For the Opposite Party/s : Mr.Pranav Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 2617.2 litres of liquor from a truck.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized truck.
It is next submitted that no prudent person would use his own
Patna High Court CR. MISC. No.20257 of 2026(2) dt.31-03-2026
2/3
vehicle for committing an occurrence and thus would create
evidence against himself and hence would get implicated and at
the same time shall bring disrepute to his business, it is further
submitted that petitioner was completely unaware that his driver
along with khalasi in connivance with consignee would misuse
the vehicle in the manner as alleged and they fled from the spot.
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 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 Musrigharari P.S. Case No. 63 of 2022 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
Patna High Court CR. MISC. No.20257 of 2026(2) dt.31-03-2026
3/3
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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