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Patna High Court

Gopal Singh @ Gopal Singh RawatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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