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Patna High Court

Gopi Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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