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Patna High Court

Gopal SahversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


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