Patna High Court
Gopal Kumar @ BilaiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted, subject to a bond and specific conditions, notwithstanding the petitioner’s prior antecedents.
Summary
Gopal Kumar was arrested on 17 February 2026 for alleged possession of 4.5 litres of foreign liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He claimed innocence, arguing that the recovery was made from his possession without compliance of Sections 103 and 105 of the BNSS, and that the charge sheet was improperly filed. The prosecution highlighted five prior criminal antecedents, though the petitioner was already on bail in three other cases. The High Court, after hearing both sides, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed the lower court to release the petitioner subject to these conditions.
Issues considered
- Whether the petitioner is entitled to bail despite prior criminal antecedents and the nature of the offence under the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS affects the validity of the charge sheet and bail eligibility.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- foreign liquor possession
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22230 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- PIPRIYA District- Lakhisarai
======================================================
Gopal Kumar @ Bilaiya Son of Rajendra Singh R/o Vill. - Walipur, P.S. -
Pipariya, Dist. - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Prasad, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-04-2026 Heard Mr. Umesh Prasad, learned counsel for the
petitioner and Mr. Rajesh Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
17.02.2026 in connection with Pipariya P.S. Case No. 12 of
2026, F.I.R. dated 16.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 4.5 liters of country made foreign
liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
that recovery has been made from possession of petitioner but
there is non-compliance of Section 103 and 105 of BNSS. He
Patna High Court CR. MISC. No.22230 of 2026(2) dt.06-04-2026
2/3
further submits that the police after investigation submitted the
charge sheet against the petitioner. The petitioner is in custody
since 17.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries five criminal antecedents other
than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the three cases.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned District &
Additional Session Judge-VII-cum-Exclusive Special Excise
Court-II, Lakhisarai in connection with Pipariya P.S. Case No.
12 of 2026, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.22230 of 2026(2) dt.06-04-2026
3/3
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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