Patna High Court
Gopal Kumar @ Gopal SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
Gopal Kumar applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with offences under Sections 30(a) and 32(3) of the Excise Act, alleging that he was not arrested on the spot, had no possession of the seized liquor, and that his name was omitted from the FIR. The petitioner disclosed a criminal antecedent of thirteen cases, twelve of which relate to the Excise Act. The State opposed the bail, citing the seriousness of the offences and the petitioner’s prior record. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.65,000 with two sureties and directed verification of the antecedent by the trial court. The order further stipulated that if the trial court finds more than thirteen prior cases, the bail would be revoked; otherwise, it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted despite the petitioner’s extensive criminal antecedent and the nature of the offences under the Excise Act.
- Whether the omission of the petitioner’s name from the FIR and the lack of seizure from his possession justify granting bail.
- What conditions under Section 438(2) of the CrPC must be imposed for anticipatory bail in this case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 32(3)
Subjects
- anticipatory bail
- Excise Act
- Section 438
- criminal antecedent
- bail bond
- provisional bail
- FIR omission
- seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23463 of 2026
Arising Out of PS. Case No.-86 Year-2026 Thana- Excise P.S. District- Begusarai
======================================================
Gopal Kumar @ Gopal Singh S/o Lalan Singh R/o vill - Jagatpura, ward no.
01, P.S.- Matihani, Dist.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Kumar Mishra
For the Opposite Party/s : Mr.Ajit Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 30(a) and 32(3) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of thirteen cases out of which
twelve cases are under the Excise Act and allegation is of
recovery of 982.440 litres of liquor from a mini Tata truck.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
the seized truck and he came to be implicated at the instance of
local person, but the name of the person, who disclosed the
Patna High Court CR. MISC. No.23463 of 2026(2) dt.09-04-2026
2/3
name of the petitioner is not disclosed in the F.I.R., which casts
an aspersion on the case of the prosecution, when petitioner has
not been implicated based on secret information. It is next
submitted that police in majority of cases implicating innocent
persons either at the behest of Chaukidar, local person, secret
information and confessional statement in a mechanical manner
without holding a proper investigation. It is next submitted that
in similar manner petitioner also came to be implicated in cases
relating to excise.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.65,000/- (Rupees Sixty Five Thousand) 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 Begusarai Excise P. S. Case No.86 of 2026,
subject to the conditions laid down under Section 438(2) of the
Cr.P.C.
Patna High Court CR. MISC. No.23463 of 2026(2) dt.09-04-2026
3/3
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than thirteen cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of thirteen cases only, in that
event, the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…