Patna High Court
Gopal Kumar @ Gopal Sahani @ Gopal Kumar SahniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner with a bond and conditions, despite the prior cases and alleged procedural lapse.
Summary
The petitioner, Gopal Kumar, was arrested in connection with the seizure of 1,263.09 litres of illicit foreign liquor from a junk dealer's shop, along with a bike, truck and cycle, and charged under Sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise (Amendment) Act. The petitioner contended that the vehicles did not belong to him, nothing was recovered from his possession, and that the police failed to comply with Section 105 of the BNSS while making the seizure. He has been in judicial custody since 25‑02‑2026 and the State opposed bail, citing two prior similar offences. The court, after hearing both sides, noted the procedural lapse and the lack of direct possession, and despite the antecedents, ordered bail on a bond of Rs.10,000 with two sureties, subject to a condition that the petitioner not commit similar offences. The bail order was directed to be executed by the Exclusive Special Excise Judge‑I, Samastipur.
Issues considered
- Whether bail should be granted to the petitioner under the offences charged under the Bihar Prohibition and Excise (Amendment) Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS during seizure affects the grant of bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 41(1), 41(2)
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- seizure
- procedural lapse
- prior convictions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24781 of 2026
Arising Out of PS. Case No.-65 Year-2026 Thana- UJIYARPUR District- Samastipur
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Gopal Kumar @ Gopal Sahani @ Gopal Kumar Sahni S/O Suresh Sahani
R/O Village- Chandauli, P.S.- Ujiyarpur, Dist.- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Ujiyarpur P.S. Case No.65 of 2026 registered for the offence
punishable under Sections 30(a), 41(1) and 41(2) of the Bihar
Prohibition and Excise (Amendment) Act.
3. The case of the prosecution, in short, is that from a
shop of Junk dealer altogether 1263.09 liter of illicit foreign liquor
was recovered.
4. Learned counsel appearing on behalf of the petitioner
has submitted that from that place one bike, truck and cycle were
also recovered. Learned counsel for the petitioner has submitted
that the truck, cycle and bike does not belong to him. It has further
been submitted that he has no concern in any way with the junk
shop. The name of this petitioner has surfaced in this case on
information furnished by spy. Learned counsel for the petitioner
Patna High Court CR. MISC. No.24781 of 2026(2) dt.16-04-2026
2/2
has submitted that nothing has been recovered from the
possession of the petitioner. Learned counsel has further
submitted that the witnesses of the seizure list are police personnel
and police has not complied Section 105 of the BNSS while
making seizure. Learned counsel for the petitioner has further
submitted that the petitioner is in judicial custody since
25.02.2026.
5. The application for bail is opposed by learned APP
for the State. Learned APP has further submitted that the
petitioner is having criminal antecedent of two cases of similar
nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the condition that
the petitioner shall not indulge in similar nature of offence in
future. The above named petitioner is directed to be enlarged on
bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand
only) with two sureties of the like amount each to the satisfaction
of the court of learned Exclusive Special Excise Judge-I,
Samastipur in connection with Ujiyarpur P.S. Case No.65 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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