Patna High Court
Gopal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner subject to monetary bond, surety conditions, and mandatory appearance at trial.
Summary
The petitioner, Gopal Kumar, a driver, was arrested in connection with the recovery of 108 litres of liquor from a vehicle and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, was not the owner of the vehicle, had no knowledge of the contraband, and had no prior criminal record. The prosecution opposed bail, while the petitioner argued that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, had not been complied with. The court, considering the lack of incriminating evidence in the petitioner's conscious possession and the period of custody already served, decided to grant bail. Bail was conditioned on a bond of Rs. 15,000 with two sureties, one of whom must be a close family member, and the petitioner’s attendance at all trial dates, with the possibility of cancellation upon default.
Issues considered
- Whether bail should be granted to the petitioner charged under the Bihar Prohibition and Excise Act.
- Whether the petitioner’s alleged lack of knowledge and ownership of the contraband negates the risk of flight or tampering with evidence.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
Subjects
- bail
- prohibition and excise
- false implication
- driver
- possession
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5802 of 2026
Arising Out of PS. Case No.-256 Year-2025 Thana- EXCISE KATORIYA District- Banka
======================================================
Gopal Kumar S/o Chandreshwari Singh Resident of Village- Simaria, P.S.-
Barauni, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dipak Kumar, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Katoriya
P.S. Case No. 256 of 2025 instituted for the offences punishable
under Sections 30(a), 32(3) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that total 108 litres
of liquor was recovered from car.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.5802 of 2026(2) dt.31-01-2026
2/3
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is not the owner of the vehicle. It is further
submitted that petitioner is the driver of the vehicle in question
but he had no knowledge regarding the goods loaded in the
vehicle. The petitioner is in custody since 15.12.2025 and has no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP 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 and 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 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 Katoriya P.S. Case
No. 256 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.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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