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Patna High Court

Gopal Chandra Naskar @ Gopal NaskarversusThe State of Bihar

Decided
Disposal
DISPOSED

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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