Patna High Court
Gopi Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Gopi Kumar Yadav was arrested in connection with a case (PS No. 149 of 2025) alleging possession of 171 litres of liquor, charged under Sections 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no incriminating material was found on his person, and that his name was derived solely from the statements of a co‑accused; he also highlighted his clean antecedent and the lack of compliance with Section 103 of the B.N.S.S. The State opposed bail. Considering the petitioner’s clean record, the short period of custody, and the absence of material linking him to the liquor, the Court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under Sections 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nyaya Sanhita, 2023, warrants denial of bail.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 317(5), 3(5)
Subjects
- bail
- criminal procedure
- liquor possession
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- Section 103
- clean antecedent
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92013 of 2025
Arising Out of PS. Case No.-149 Year-2025 Thana- TERHAGACHH District- Kishanganj
======================================================
Gopi Kumar Yadav S/O Pawan Kumar Yadav @ Pawan Lal Yadav Resident
of Village - Dhaweli Ward No.02, Police Station- Terhagachh, District-
Kishanganj (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr.Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Tedhagaach
(Tedhagachh) P.S. case No. 149 of 2025 instituted for the
offences under Sections 317(5) and 3(5) of Bharatiya Nyaya
Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 171 liters
liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case due to animosity with the co-accused. No
incriminating material has been recovered from the conscious
Patna High Court CR. MISC. No.92013 of 2025(2) dt.19-01-2026
2/2
possession of the petitioner. The petitioner has got no concern
with the alleged recovery of liquor. It is further submitted that
the name of the petitioner has transpired on the basis of
disclosure made by apprehended co-accused. The petitioner is
in custody since 07.10.2025 and has got no criminal antecedent.
There is no compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. 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, clean antecedent 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Tedhagaach
(Tedhagachh) P.S. case No. 149 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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