Created by Fuzzy Cloud

Patna High Court

Gopal Kumar @ Gopal Sahani @ Gopal Kumar SahniversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
                 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.