Patna High Court
Gopal Singh @ Gopal Singh RawatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner, finding insufficient basis to deny release.
Summary
The petitioner, Gopal Singh Rawat, a truck driver, was arrested after a truck he was driving was found to contain 2954.880 liters of foreign liquor concealed under snack packets. He was charged under Sections 30(a), 32(3) and 41 of the Bihar Prohibition and Excise Act, 2016. The petitioner contended that he had no knowledge of the liquor, was not in physical possession of it, and that the seizure was procedurally flawed due to lack of an independent witness. The court considered these facts, the absence of any proven mens rea on the part of the driver, and the length of his pre‑trial detention. It ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to his cooperation with the investigation.
Issues considered
- Whether the driver can be held liable for the possession and transport of foreign liquor without knowledge of its presence
- Whether procedural defects in the search and seizure warrant bail
- Whether bail is appropriate given the nature of the offences under the Bihar Prohibition and Excise Act
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3), 41
Subjects
- bail
- excise
- foreign liquor
- search and seizure
- knowledge
- driver
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35896 of 2026
Arising Out of PS. Case No.-156 Year-2026 Thana- Excise P.S. District- Khagaria
======================================================
Gopal Singh @ Gopal Singh Rawat son of Uday Singh Rawat Resident Of
Village- Khanpura, Panchayat Bhatauli, Ps- Nikumbh, Dist -Chittorgarh, State
- Rajasthan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jai Kishor Poddar, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a), 32(3) and 41 of the
Bihar Prohibition and Excise Act, 2016.
3. Perusal of the first information report and the seizure
list would go to show that 2954.880 liters of foreign liquor is
said to have been recovered from a truck concealed under the
Kurkure snacks.
4. It is submitted by learned counsel for the petitioner
that there is no recovery from the conscious or physical
possession of the petitioner. The petitioner happens to be the
driver of the truck in question and he had no knowledge of
Patna High Court CR. MISC. No.35896 of 2026(2) dt.08-06-2026
2/2
keeping of the said liquor in the truck. He was plying the truck
at the instruction of his owner. There is violation of the
mandatory provisions of the search and seizure as there is no
independent witness to the seizure list. Petitioner has been
languishing in custody since 02.03.2026.
5. Taking into consideration the fact and
circumstances of the case and also considering the fact that the
petitioner was driving the truck on the instruction of his owner
without knowing the contents loaded thereon, the above named
petitioner is directed to be enlarged on bail 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 Court
below where the case is pending/successor Court in connection
with Khagaria Excise P.S. Case No. 156 of 2026, subject to the
further condition that the petitioner shall cooperate in the
investigation/trial.
(Soni Shrivastava, J)
Trivedi/-
U T
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