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Patna High Court

Govind Kumar @ Govind YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted anticipatory bail to the petitioner, exercising its inherent powers under Section 482(2) of the B.N.S.S., subject to bond and surety conditions.

Summary

The petitioner, Govind Kumar, was identified by a local chowkidar as the individual who fled a scooty from which 105.785 litres of illicit English liquor were seized under Sections 30(a) and 41(i) of the Bihar Prohibition Excise Act, 2016. The petitioner was not present at the scene, had no possession of the liquor or the scooty, and claimed a clean criminal record. The State opposed his application for anticipatory bail, arguing the identification was sufficient to proceed. The High Court examined the facts, noting the lack of direct evidence linking the petitioner to the contraband and his clean antecedent. Relying on its inherent powers under Section 482(2) of the B.N.S.S., the Court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions for verification of antecedents. The order directs the petitioner to surrender within six weeks if arrested, and allows bail bond acceptance without delay for verification.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite being identified solely by a chowkidar in an illegal liquor seizure case.
  • Whether the High Court can exercise its inherent powers under Section 482(2) of the B.N.S.S. to grant anticipatory bail in the absence of direct possession or ownership evidence.

Legislation cited

Subjects

  • anticipatory bail
  • identification evidence
  • illegal liquor
  • Bihar Prohibition Excise Act
  • clean antecedent
  • high court inherent powers

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34186 of 2026
                 Arising Out of PS. Case No.-16 Year-2022 Thana- GOPALGANJ TOWN District- Gopalganj
                 ======================================================
                 Govind Kumar @ Govind Yadav S/O Ramakant Yadav @ Ramakant
                 Chaudhary Resident of Village- Hira Pakad, PS- Yadopur, Distt- Gopalganj

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sushil Kumar
                 For the Opposite Party/s :      Mr.Ramesh Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   18-05-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                              2. The petitioner apprehends his arrest in Gopalganj

                   Town P.S. Case No. 16 of 2022 registered under Sections 30(a),

                   41(i) of Bihar Prohibition Excise Act, 2016.

                         3. As per the prosecution story which has been lodged on

                   the basis of written report submitted by the informant to the

                   effect that while the informant was on evening patrolling for

                   seizure of liquor, he got secret information at around 18:40

                   hours that sale of illicit liquor at Bhibherwa Pokhara is going

                   on. After informing the senior officials, he proceeded for

                   verification of the said information, alongwith the Chowkidar at

                   around 19:20 hours. He saw one person coming on a scooty on

                   which, a jute bag was loaded. Upon seeing the police personnel,
Patna High Court CR. MISC. No.34186 of 2026(2) dt.18-05-2026
                                            2/3




          the person who was riding the scooty fled away by leaving

          behind the scooty. In presence of the police personnel, total

          105.785 litres of foreign liquor English wine was recovered

          from the scooty bearing registration No. BR 28M 5925. The

          local chowkidar identified the person who fled away as the

          petitioner.

                3. Learned counsel for the petitioner submits that the

          petitioner is innocent and has not committed the said offence.

          Nothing has been recovered from the conscious possession of

          the petitioner and he is neither the owner of the liquor nor the

          owner of the scooty. His name has transpired in the present case

          only on the identification of the local chowkidar. He submits

          that the petitioner has got clean antecedent.

                4. The Learned APP for the State opposes the prayer for

          anticipatory bail of the petitioner.

                5. Having heard the rival submissions and after going

          through the records, it appears that 105.785 litres of English

          liquor was recovered from a scooty, however, the petitioner was

          not arrested or present at the place of occurrence. He has been

          made accused in the present case only on the identification

          made by the local chowkidar and the persons who were present

          at the place of occurrence. The petitioner has got clean
            Patna High Court CR. MISC. No.34186 of 2026(2) dt.18-05-2026
                                                        3/3




                      antecedent.

                                   6. Considering the aforesaid facts and circumstances,

                      let the petitioner, above named, in the event of arrest/surrender

                      before the learned court below within a period of six weeks

                      from today, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Ten thousand) with two sureties of the

                      like amount each to the satisfaction of learned Additional

                      District & Sessions Judge-II-cum-SPL. Excise Court No. 1,

                      Gopalganj in connection with Gopalganj Town P.S. Case No. 16

                      of 2022, subject to the conditions as laid down under Section

                      482(2) of the B.N.S.S., with further condition:

                                   (I) The learned Court concerned shall verify the

                      criminal antecedent of the petitioner and in case at any stage, it

                      is found that the petitioner has concealed his criminal

                      antecedents, the Court concerned shall take steps for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                                  (Ritesh Kumar, J)
A.K.V.//-
U       T


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