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Patna High Court

Gopi Singh @ Gopi Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is to be released on bail subject to a Rs 30,000 bond and conditions prescribed under the B.N.S.S., 2023.

Summary

The petitioner, Gopi Singh, owner of an e‑rickshaw, sought bail after learning that he might be arrested in connection with a case involving the seizure of 5 litres of illicit liquor under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The FIR named three other accused and did not list the petitioner, who argued that nothing was recovered from his possession and that he has a clean record. The State opposed bail. The Patna High Court, hearing the matter virtually, granted bail on the condition that the petitioner furnish a bond of Rs 30,000 under Section 2(1)(d) of the Bihar Narcotic Substances (Suppression) Act, 2023 and comply with Section 482(2) of the same Act. The court directed the trial court to verify the petitioner’s criminal antecedents and to cancel the bail if any concealment is discovered. The order thus releases the petitioner on bail pending trial.

Issues considered

  • Whether the petitioner, not named in the FIR and with no seized contraband in his possession, is entitled to bail under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether bail can be granted under Section 2(1)(d) and Section 482(2) of the Bihar Narcotic Substances (Suppression) Act, 2023 in a case involving illicit liquor.
  • Whether the trial court should verify the petitioner’s criminal antecedents before finalizing bail.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition law
  • excise
  • criminal antecedent
  • virtual hearing
  • e‑rickshaw
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36108 of 2026
                          Arising Out of PS. Case No.-3 Year-2026 Thana- R S P.S. District- Araria
                 ======================================================
                 Gopi Singh @ Gopi Kumar Singh S/o Hardeo Singh Resident of village -
                 Rajput Tola, ward no. 8, Hansa, P.S.- Raniganj, Distt.- Araria

                                                                                       ... ... Petitioner/s

                                                          Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ramesh Kumar Singh, Adv.
                 For the Opposite Party/s :         Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   01-06-2026                  The Court proceeding is being conducted through

                   virtual mode.

                                2. Heard learned counsel for the petitioner and learned

                   APP for the State.

                                3. The petitioner is apprehending arrest in connection

                   with R.S. P.S. Case No. 3 of 2026 lodged on 06.01.2026, for the

                   offence punishable under section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2022.

                                4. As per the prosecution, FIR has been lodged against

                   three named accused persons other than the petitioner. Total

                   recovery of 5 litres of illicit liquor has been made, which is the

                   subject matter of the present case.

                                5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.36108 of 2026(2) dt.01-06-2026
                                            2/3




          petitioner is innocent and has committed no offence. Counsel

          submits that nothing has been recovered from the conscious

          possession of the petitioner and he is also not named in the FIR.

          Counsel submits that the name of the petitioner has figured in

          this case only due to the reason that he is the owner of seized e-

          rickshaw. He further submits that the petitioner has clean

          antecedent.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       7. In the present facts and circumstances of this case,

          let the above named petitioner be released on bail, in the event

          of arrest or surrender before the Trial Court within a period of 4

          weeks from today, on furnishing bail bond of Rs.30,000/-

          (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of

          the B.N.S.S., 2023 to the satisfaction of Exclusive Special Judge

          Excise-I, Araria, in connection with R.S. P.S. Case No. 3 of

          2026, subject to the conditions as laid down U/s 482(2) of the

          B.N.S.S., 2023.

                       8. The Trial Court is directed to verify the criminal

          antecedent(s) of the petitioner, and in case, it is found at any

          stage that the petitioner has concealed the fact about his criminal

          antecedent(s), the Trial Court shall take steps for cancellation of
             Patna High Court CR. MISC. No.36108 of 2026(2) dt.01-06-2026
                                                         3/3




                       bail bond of the petitioner. However, the acceptance of the bail

                       bonds in terms of the above-mentioned order shall not be

                       delayed for the purpose of or in the name of verification.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U      T


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