Allowed¶19

Gopal Kumar v. The State of Bihar

Patna HC6 Feb 2025CR. MISC./5338/2025

Case brief

AI extract

What is this about?

Bail granted; CRIMINAL MISCELLANEOUS No.5338 of 2025; High Court of Judicature at Patna; Rudra Prakash Mishra, J.; order dated 06-02-2025; Rail Jehanabad PS Case No. 41 of 2024 (District Gaya); Section 30(a) Bihar Prohibition and Excise Act; Section 103 of B.N.S.S.; recovery of 41 litres foreign liquor; custody since 12.11.2024; no criminal antecedent; bail bonds Rs.10,000/- with two sureties of like amount.

What did the court decide?

Petitioner released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court in connection with Rail Jehanabad PS Case No. 41 of 2024. ¶19

Gopal Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5338 of 2025

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Arising Out of PS. Case No.-41 Year-2024 Thana- JEHANABAD RAIL P.S. District- Gaya

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======================================================

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Gopal Kumar S/O Arvind Prasad @ Arvind Ram Resident of Vill.- Tehta Bazar, Durga Sthan, ward No.3, (Rajain Tehta), P.S.- Tehta Dist- Jehanabad

... ... Petitioner/s

Versus

The State of Bihar

===================	... ... Opposite Party/s ===================================
Appearance : For the Petitioner/s :	Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : ===================	Md. Iftekhar Mahmood, APP ===================================
CORAM: HONOURABL MISHRA	E MR. JUSTICE RUDRA PRAKASH

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ORAL ORDER

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2 06-02-2025 Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail in connection with Rail Jehanabad PS Case No. 41 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

¶13

The prosecution case, in short, is that total 41 litres of foreign liquor was recovered from the petitioner's bag.

¶14

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. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that recovery is made from an open place, which is accessible to one and all. The petitioner is in custody since 12.11.2024 and

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Patna High Court CR. MISC. No.5338 of 2025(2) dt.06-02-2025 2/2

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has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

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Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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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.

¶19

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rail Jehanabad PS Case No. 41 of 2024.

¶20

(Rudra Prakash Mishra, J)

¶21

Raj Ranjan/- U T

Gopal Kumar v. The State of Bihar

Case brief

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Gopal Kumar v. The State of Bihar

Case brief

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