Gopal Kumar v. The State of Bihar
Case at a glance
Outcome
Bail granted
Let the petitioner be released on bail on
Provisions considered
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA Mr. Ratneshwar Prasad, Advocate Mr. Dilip Kumar No. 1, APP ORAL ORDER 2 18-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Pathamari PS Case No. 37 of 2024, Special Case No. 334 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
The prosecution case, in short, is that total
1769.67 litres of liquor was recovered from Mahindra Bolero Pick-up.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Patna High Court CR. MISC. No.8429 of 2025(2) dt.18-02-2025 The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is the co-driver of the seized vehicle bearing Registration No. BR06GF-8412 and he has no knowledge regarding the nature of goods booked by the transporter. The petitioner is in custody since
25.12.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
Operative part
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pathamari PS Case No. 37 of 2024, Special Case No. 334 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. Patna High Court CR. MISC. No.8429 of 2025(2) dt.18-02-2025 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (Rudra Prakash Mishra, J) Raj Ranjan/- U T
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Let the petitioner be released on bail on
Which statutory provisions did this judgment involve?
Bihar Prohibition and Excise Act — s. 30(a); Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.