Patna High Court
Gopal Yadav @ Gopaljee YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court ordered anticipatory bail for the petitioners subject to the conditions specified under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
The petitioners Gopal Yadav, Shiv Lal Yadav and Lalji Yadav sought anticipatory bail fearing arrest in a case (PS‑181/2025) involving alleged possession of 147.78 litres of illicit liquor and five cartridges. The prosecution alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, several sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The petitioners contended they were falsely implicated, had no criminal antecedent and that the investigation did not comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, so no prima‑facie case existed. The State opposed bail. The Court, after considering the submissions, granted anticipatory bail on the condition that the petitioners surrender within six weeks, furnish bail bonds of Rs 15,000 each with two sureties, and comply with Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in the present case
- Whether a prima‑facie case exists against the petitioners
- Whether the investigation complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023
- Whether Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 authorises the grant of anticipatory bail
Legislation cited
- Arms Act — s. 26, 27, 35
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 132, 191(2), 191(3), 324(4)
Subjects
- anticipatory bail
- false implication
- liquor seizure
- arms seizure
- Section 482
- Section 103
- Bihar Prohibition Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90873 of 2025
Arising Out of PS. Case No.-181 Year-2025 Thana- BRAHMPUR District- Buxar
======================================================
1. Gopal Yadav @ Gopaljee Yadav Son of Shivnarayan Yadav Resident of
Village - Jawahi Diyar, P.S.- Brahmpur, District - Buxar.
2. Shiv Lal Yadav Son of Shivpujan Yadav Resident of Village - Jawahi Diyar,
P.S.- Brahmpur, District - Buxar.
3. Lalji Yadav @ Lali Son of Hira Lal Yadav @ Hira Yadav Resident of Village
- Jawahi Diyar, P.S.- Brahmpur, District - Buxar.
... ... petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the petitioners/s : Mr. Arun Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners apprehends their arrest in
connection with Brahmpur PS Case No. 181 of 2025 instituted
for the offences under Section 30(a) of the Bihar Prohibition and
Excise Act and Sections 191(2), 191(3), 109, 132, 324(4) of the
Bharatiya Nyaya Sanhita, 2023 and Sections 27, 26 & 35 of the
Arms Act.
Patna High Court CR. MISC. No.90873 of 2025(2) dt.19-01-2026
2/3
3. The prosecution case, in short, is that total 147.780
litres of liquor was recovered from roadside. It is further alleged
that there is recovery of five cartridges from the place of
occurrence.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
The names of the petitioners transpired in this case during
investigation. The petitioners have got no concern with the
alleged recovery of liquor and arms. The petitioners have no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023. Learned
counsel for the petitioners, therefore, contends that prima-facie
no case is made out against the petitioners.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioners above named, in the event of
arrest/surrender before the learned Court below within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Brahmpur PS
Patna High Court CR. MISC. No.90873 of 2025(2) dt.19-01-2026
3/3
Case No. 181 of 2025, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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