Patna High Court
Gopal Sah @ Gopal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Gopal Sah, was charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for allegedly recovering 67.245 litres of liquor from a straw house. He was not arrested at the scene and no liquor was seized from his possession; the informant who named him was not identified in the FIR, raising doubts about the prosecution's case. The petitioner had been in custody since 1 March 2026 and the charges were formally framed on 28 March 2026. He applied for bail, assuring the court that he would not abscond and would cooperate with the trial. The court, after considering the lack of direct evidence and the petitioner's assurances, ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 given the circumstances of non‑recovery of liquor and unidentified informant.
- Whether the prosecution's evidence is sufficient to justify denial of bail.
Subjects
- bail
- excise law
- prohibition
- Section 30(a)
- liquor seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28163 of 2026
Arising Out of PS. Case No.-81 Year-2025 Thana- Excise P.S. District- Saharsa
======================================================
Gopal Sah @ Gopal Kumar S/O Rajendra Sah R/O Ward no. 9, Bariyahi
Basti, P.S.- Bangaon, Dist.- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rewti Kant Raman
For the Opposite Party/s : Mr. Kalyan Shankar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 67.245 litres of liquor from straw house of the
petitioner. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from his conscious
possession and he came to be implicated at the instance of local
person but then the name of the person who disclosed the name
of the petitioner is not disclosed in the FIR which casts an
aspersion on the case of the prosecution. It is next submitted that
Patna High Court CR. MISC. No.28163 of 2026(2) dt.24-04-2026
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petitioner is in custody since 01.03.2026 and charges against the
petitioner stands framed by an order dated 28.03.2026. It is also
submitted that if privilege of bail is granted to the petitioner, the
petitioner will not abscond rather will cooperate in the trial to
prove his innocence.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.5000/- (Rupees 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 Excise
P.S. Case No.81/2025.
(Satyavrat Verma, J)
amit/-
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