CR. MISC./4826/2026 of Gopal Prasad Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4826 of 2026 Arising Out of PS. Case No.-1321 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Gopal Prasad S/o Ram Prasad Resident of village- Senduara, PS- Madanpur, Dist- Aurangabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Adarsh Singh, Advocate For the Opposite Party/s: Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 02-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. Petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 32(3) of Bihar Prohibition and Excise (Amendment) Act, 2018. 3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 25 litres of liquor from four a motorcycle. It is next submitted that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized vehicle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus, would create evidence against himself and hence, would get Patna High Court CR. MISC. No.4826 of 2026(2) dt.02-02-2026 2/3 implicated. It is also submitted that petitioner was completely unaware that his friend would misuse the vehicle in the manner as alleged, who fled from the spot. 4. Learned A.P.P. opposes the anticipatory bail application. 5. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bond in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court No.-II, Aurangabad, Bihar in connection with Aurangabad Excise P.S. Case No.1321 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S. 6. The application stands allowed. 7. It is made clear that the learned trial Court after accepting the provisional bail bond of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, then it would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed his antecedent before this Court, Patna High Court CR. MISC. No.4826 of 2026(2) dt.02-02-2026 3/3 in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner is a person with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith. 8. At this stage, learned counsel for the petitioner, based on instruction, submits that petitioner undertakes to deposit an amount of Rs.1500/- with High Court Legal Services Committee, Patna within a period of two weeks from today. Sanjay/- (Satyavrat Verma, J) U T