Patna High Court
Gopal @ Anant Gopal @ Gopal KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Gopal Kumar, applied for anticipatory bail in a case where he is charged under multiple sections of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act for allegedly recovering 70.5 litres of liquor. He has eight prior criminal cases, six of which are under the Excise Act, but argues that he was not arrested on the spot, had no possession of the liquor, and is not the owner of the seized vehicle. The prosecution’s case relies on a confessional statement made by a co-accused in police custody, which the petitioner contends lacks evidentiary value. The State opposed the bail, citing the seriousness of the offences and the petitioner’s antecedent. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bond of Rs.40,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent before confirming the bail.
Issues considered
- Whether anticipatory bail should be granted in view of the seriousness of the offences under the Bihar Narcotic Substances Act and the Excise Act.
- Whether the confessional statement made in police custody can be relied upon for the prosecution.
- Whether the petitioner’s prior criminal antecedent justifies denial of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 111(2)(b), 111(4), 317(2), 318(4), 336(3), 338
- Code of Criminal Procedure, 1973 — s. 482(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- bail
- confessional statement
- excise law
- narcotic offences
- criminal antecedent
- Section 482
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65215 of 2025
Arising Out of PS. Case No.-52 Year-2025 Thana- HULASGANJ District- Jehanabad
======================================================
Gopal @ Anant Gopal @ Gopal Kumar S/o Binod Sharma R/o Vill- Korra,
PS- Ghosi, Dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivendra Prasad
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 318(4),338,336(3),317(2),111(2)(b),111(4) of the B.N.S.
and Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of eight cases out of which six
cases are under the Excise Act and allegation is of recovery of
70.5 litres of liquor from a car.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated based on
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confessional statement of Golu in police custody, which does
not have any evidentiary value. It is next submitted that police
in majority of cases implicating innocent persons either at the
behest of Chaukidar, local person, secret information and
confessional statement in a mechanical manner without holding
a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.40,000/- (Rupees Forty Thousand) 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 Hulasganj P. S. Case No.52 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
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found that petitioner has antecedent of more than eight cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of eight cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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