Patna High Court
Gopal ChauhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Gopal Chauhan was arrested after police seized 87.92 litres of illicit foreign liquor from his motorcycle, charging him under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was innocent, that no liquor was actually recovered from his possession, and that the seizure violated Section 105 of the BNSS, which mandates procedural compliance. He also highlighted his clean criminal record and that he had been in judicial custody since 25 March 2026. The State opposed bail, but the court, after hearing both sides, found merit in the procedural objections and the petitioner’s lack of prior offences. Consequently, the court ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances.
- Whether the seizure of the liquor complied with Section 105 of the BNSS.
- Whether the petitioner is liable under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- prohibition
- excise
- illicit liquor
- seizure procedure
- Section 105
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31679 of 2026
Arising Out of PS. Case No.-108 Year-2026 Thana- RAJPUR District- Buxar
======================================================
Gopal Chauhan Son of Radheshyam Chauhan Resident of village- Hankarpur
Police Station- Rajpur District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Rai Sharma, Advocate.
For the Opposite Party/s : Mrs. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 14-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The case of the prosecution, in short, is that from a
bike of this petitioner, 87.920 liters of illicit foreign liquor was
recovered. The petitioner was owner of the bike and was
apprehended.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of the petitioner. The witnesses of the seizure list are
Patna High Court CR. MISC. No.31679 of 2026(2) dt.14-05-2026
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police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. Moreover, a
statement has been made in para 3 of the petition that petitioner
has no criminal antecedent and he is languishing in judicial
custody since 25.03.2026.
5. The application for bail is opposed by learned APP
for the State.
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. 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 learned
Exclusive Excise Special, Court-I, Buxar in connection with
Rajpur P.S. Case No. 108 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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