Patna High Court
Govind Kumar @ Govind YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
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
- Bihar Prohibition & Excise Act, 2016 — s. 30(a), 41(i)
- B.N.S.S. — s. 482(2)
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
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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
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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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