Patna High Court
Satyadev GondversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted anticipatory bail to the petitioner subject to a bail bond of Rs.10,000 and two sureties.
Summary
The petitioner, Satyadev Gond, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution alleged that a co‑accused, caught with 180 litres of illicit liquor, identified the petitioner as one of two who escaped. The petitioner argued that no incriminating material was found on him and that he was falsely implicated, offering to cooperate with the investigation. The State opposed the bail. The Court, after considering the FIR, the co‑accused’s statement and the absence of any seized article from the petitioner, ordered that he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, to be surrendered within four weeks.
Issues considered
- Whether anticipatory bail can be granted when the only evidence against the petitioner is a co‑accused’s statement and no material is recovered from his possession
- Whether the petitioner is falsely implicated and thus entitled to bail under the provisions of the Bihar Prohibition and Excise Act, 2016
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30(a)
- co‑accused statement
- false implication
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27522 of 2026
Arising Out of PS. Case No.-549 Year-2025 Thana- BHORE District- Gopalganj
======================================================
Satyadev Gond Son of Late Gobar Gond @ Gobardhan Gond R/O Vill.-
Jagdish Bantriya, P.S.- Bhore, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepankar Raj, Advocate
For the Opposite Party/s : Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 29-04-2026 1. Heard learned counsel for the parties.
2. The petitioner in this application prays for grant
of anticipatory bail apprehending his arrest in connection with
Bhore P.S. Case no. 549 of 2025 registered for the offence
punishable under section 30(a) of the Bihar Prohibition and
Excise Act, 2016.
3. As per the prosecution case, on seeing the police
party three accused persons made an attempt to escape but one
was caught. The person who was caught disclosed the name of
the two persons who had managed to escape which included the
petitioner herein. On search, 180 litres of country liquor was
recovered from the person who was caught.
4. Learned counsel for the petitioner submits that
no incriminating article has been recovered from the petitioner's
Patna High Court CR. MISC. No.27522 of 2026(2) dt.29-04-2026
2/2
possession who has been falsely implicated in the case because
of his antecedent. The only material against him is the statement
of coaccused made for police. He undertakes to cooperate in the
investigation/trial.
5. The application for bail is opposed by learned
APP for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation in the F.I.R., the name of
the petitioner transpiring in the confessional statement of
coaccused made for police and no incriminating article having
been recovered from the petitioner's possession, it is directed
that the petitioner above named in the event of his arrest or
surrender before the learned Court below within a period of four
weeks, be released on anticipatory bail in connection with
Bhore P.S. Case no. 549 of 2025 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Additional
Sessions Judge-XIII-cum-Special Excise Court no.-I,
Gopalganj.
(Partha Sarthy, J)
Bibhash
U T
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