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Patna High Court

Gopal Kumar @ BilaiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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                       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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