Patna High Court
Hemant GohaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that bail should be granted to the petitioners, subject to a bond of Rs 10,000 each and specified conditions.
Summary
The petitioners, Hemant Goha and Manoj Singh, were arrested after police intercepted a car carrying 309.975 litres of liquor and alleged they were involved in an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioners contended they were falsely implicated, had no ownership of the vehicle, were not in possession of the liquor, and possessed clean antecedents. They offered to deposit Rs 2,500 each with the Lawyers’ Association Welfare Benevolent Fund as part of their bail undertaking. The State opposed the bail, but the court, after considering the facts, ordered bail on a bond of Rs 10,000 per petitioner with two sureties and imposed conditions regarding surety composition, court attendance, and future conduct. The bail order was directed to be accepted by the trial court upon proof of deposit, and the court clarified that its observations would not affect the trial.
Issues considered
- Whether the accused are entitled to bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the circumstances of the arrest and alleged offence justify denial of bail.
Subjects
- bail
- prohibition law
- excise
- false implication
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89866 of 2025
Arising Out of PS. Case No.-205 Year-2025 Thana- VISHAMBHARPUR District- Gopalganj
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1. Hemant Goha S/o Pradeep Goha R/o vill - S. 167/402 Harijan Basti Antaram
Devi, R.K. Puram, Sector 13, P.S.- Sarojani Nagar, Distt.- New Delhi
2. Manoj Singh @ Manoj Kumar S/o Kamal Singh R/o vill - RC 170 Matrika
Vihar, P.S.- Khora Colony, Distt.- Gajiyabad, U.P.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 08-01-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. Petitioners, who are in custody, seeks bail in
connection with Vishambharpur P.S. Case No. 205 of 2025
registered for the offence(s) punishable under Section(s)
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, during patrolling,
the police intercepted a car, whereupon the accused persons
tried to flee but were apprehended and they disclosed their
names as Hemant Goha and Manoj Singh (the petitioners).
Upon search, a total of 309.975 litres of liquor was
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recovered from the said car.
4. The learned counsel for the petitioners submit
that the petitioners have been falsely implicated in the
present case and have no concern whatsoever with the
alleged trade of liquor. It has further been submitted that the
petitioners are neither the owners of the car from which the
alleged illicit liquor was recovered nor were they found in
conscious possession of the same. The learned counsel
lastly submits that the petitioners have clean antecedent and
they are in custody since 16.10.2025.
5. The petitioners are willing and undertakes to
deposit a sum of Rs. 2,500/- each in the account of
Lawyers’ Association Welfare Benevolent Fund, bearing
Account No. 7801893276, IFSC Code: IDIB000L501,
Indian Bank, LNMI Branch, Bailey Road, Patna.
6. The learned A.P.P. has vehemently opposed the
prayer for bail.
7. Regard being had to the facts and circumstances
of the case, let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten thousand)
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with two sureties of the like amount each to the satisfaction
of the learned court below where the case is
pending/successor court in connection Vishambharpur P.S.
Case No. 205 of 2025, subject to the following conditions:-
(i) One of the bailors of the petitioners shall be
their close relative and the other shall be the local resident.
(ii) The petitioners shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioners will be liable to be cancelled by the court
concerned.
(iv) If the petitioners are found involved in similar
nature of offence in future, the prosecution shall be at
liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at any
stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
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acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
8. The bail bond of the petitioners shall be
accepted by the learned Trial Court on showing receipt of
deposit of aforesaid amount with the Lawyers’ Association
Welfare Benevolent Fund.
9. Accordingly, the prayer for bail is allowed.
10. It is made clear that the observation, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U T
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