Patna High Court
Gopal SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted, subject to verification of the petitioner’s antecedents.
Summary
The petitioner, Gopal Sah, sought anticipatory bail after fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning the alleged recovery of 7.2 litres of liquor from the house of Rani Devi. The petitioner argued he had no possession of the liquor, the alleged recovery occurred at a location unrelated to him, and the case was based solely on a confessional statement made by Rani while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The court, noting the petitioner’s clean antecedent and the weak evidential basis, granted provisional anticipatory bail conditioned on a modest bail bond and two sureties, and directed the trial court to verify his criminal record before confirming the bail. If any antecedent is found, the provisional bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act.
- Whether the confessional statement of a co-accused made in police custody can form a basis for arrest.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- confessional statement
- clean antecedent
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39479 of 2026
Arising Out of PS. Case No.-49 Year-2026 Thana- Kotwali District- Darbhanga
======================================================
Gopal Sah S/O Late Munni Sah Resident of Village- Donar, Ward No.17, P.S.-
Laheriasarai, Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand
For the Opposite Party/s : Ms. Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-06-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 7.200 litres of liquor from house of Rani Devi. It is
next submitted that petitioner was not arrested from the spot as
such nothing was recovered from his conscious possession and
even alleged recovery is from a place which does not belong to
the petitioner and he has no concern or relation with Rani but
then came to be implicated based on confessional statement of
Rani in police custody which does not have any evidentiary
value.
4. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.39479 of 2026(2) dt.22-06-2026
2/2
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.500/- (Rupees five hundred) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Kotwali P.S. Case No.49/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.