Patna High Court
Anuj GoyalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to a cash bond and specified conditions.
Summary
Anuj Goyal was arrested in connection with a case under Sections 25(1‑b)a, 26, 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act after a loaded pistol, cartridge and 5.625 litres of liquor were recovered. The petitioner claimed he was falsely implicated and that no incriminating articles were found in his possession, despite having 25 prior criminal cases and being in custody since 21‑09‑2025. The State opposed bail, while the petitioner argued non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court, after considering the facts and the period of custody, decided to grant bail subject to a cash bond of Rs.15,000 with two sureties and several conditions regarding appearance, non‑tampering, and travel. The order releases the petitioner on bail pending trial.
Issues considered
- What is the appropriateness of granting bail to a petitioner accused under the Arms Act and Bihar Prohibition and Excise Act, considering his extensive criminal antecedents and the seriousness of the offences?
- Does the alleged non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affect the grant of bail?
- Is the petitioner falsely implicated, and does that influence the bail decision?
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
Subjects
- bail
- Arms Act
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- criminal antecedents
- false implication
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4182 of 2026
Arising Out of PS. Case No.-311 Year-2025 Thana- BARAULI District- Gopalganj
======================================================
Anuj Goyal S/o Late Mahavir Prasad Goyal Resident of Village- Vikash
Nagar Vikash Kunj, Mohan Garden, P.S.- Ranaula, Distt.- New Delhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priya Raj, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Barauli
P.S. Case No. 311 of 2025 instituted for the offences under
Sections 25(1-b)a, 26, 35 of the Arms Act and Section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the F.I.R., one loaded country-made pistol
and one live cartridge has been recovered from this petitioner. It
is further submitted that 5.625 litres of liquor has also been
recovered.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.4182 of 2026(2) dt.28-01-2026
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possession of the petitioner. Learned counsel further submitted
that petitioner has got no concern with the recovered arms and
ammunitions or with the liquor. Charge-sheet has been
submitted in this case. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 21.09.2025 and
has twenty-five criminal antecedents. There is no compliance of
Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Barauli P.S. Case
No. 311 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(IV) Petitioner shall not leave the territorial
jurisdiction of the learned court below without taking prior
permission of the court concerned.
(V) If the petitioner is found involved in the similar
nature of offence in future, the prosecution will be at liberty to
move for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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