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Patna High Court

Gopal @ Anant Gopal @ Gopal KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.65215 of 2025(3) dt.07-01-2026
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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
               Patna High Court CR. MISC. No.65215 of 2025(3) dt.07-01-2026
                                                           3/3




                         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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