Gopi Singh @ Gopi Kumar Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Gopi Singh @ Gopi Kumar Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioner to be released on bail upon arrest or surrender within 4 weeks before the Trial Court on furnishing a bail bond of Rs. 30,000/- (Section 2(1)(d) B.N.S.S., 2023) to the satisfaction of Exclusive Special Judge Excise-I, Araria, in R.S. P.S. Case No. 3 of 2026, subject to conditions under Section 482(2) B.N.S.S., 2023, with a direction to the Trial Court to verify antecedents and liberty to move for cancellation of the bail bond upon concealment, without delaying acceptance of the bonds.

Issue for consideration

Whether the petitioner, apprehending arrest in R.S. P.S. Case No. 3 of 2026 (offence under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022), is entitled to anticipatory bail, counsel submitting that he is innocent, unnamed in the FIR, that nothing was recovered from his conscious possession (his name figuring only because he owns the seized e-rickshaw), and that he has clean antecedents.

Court's answer

Anticipatory bail granted: the petitioner is to be released on bail in the event of arrest or surrender before the Trial Court within 4 weeks, on furnishing a bail bond of Rs. 30,000/- under Section 2(1)(d) of the B.N.S.S., 2023, to the satisfaction of the Exclusive Special Judge Excise-I, Araria, subject to the conditions laid down under Section 482(2) of the B.N.S.S., 2023.

Ratio / Principle

The Trial Court is directed to verify the criminal antecedent(s) of the petitioner, and if it is found at any stage that the petitioner concealed his criminal antecedent(s), the Trial Court shall take steps for cancellation of his bail bond.

Key takeaways

Acceptance of the bail bonds in terms of the order shall not be delayed for the purpose of, or in the name of, antecedent verification.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Dr. Anshuman, J.) allowed the prayer of Gopi Singh @ Gopi Kumar Singh apprehending arrest in R.S. P.S. Case No. 3 of 2026, Araria, lodged on 06.01.2026 under S. 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The FIR had named three accused other than the petitioner and total recovery was 5 litres of illicit liquor; the petitioner was said to figure only as owner of the seized e-rickshaw and to have clean antecedents. Bail granted: release on arrest or surrender within 4 weeks on a bail bond of Rs. 30,000/- (S. 2(1)(d) B.N.S.S., 2023) before the Exclusive Special Judge Excise-I, Araria, subject to conditions U/s 482(2) B.N.S.S., 2023. Trial Court to verify the petitioner's criminal antecedents and take cancellation steps if concealment is found, but acceptance of the bail bonds shall not be delayed for verification.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36108 of 2026

Arising Out of PS. Case No.-3 Year-2026 Thana- R S P.S. District- Araria

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

Gopi Singh @ Gopi Kumar Singh S/o Hardeo Singh Resident of village - Rajput Tola, ward no. 8, Hansa, P.S.- Raniganj, Distt.- Araria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ramesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Khurshid Anwar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

2 01-06-2026

The Court proceeding is being conducted through virtual mode.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in connection with R.S. P.S. Case No. 3 of 2026 lodged on 06.01.2026, for the offence punishable under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

As per the prosecution, FIR has been lodged against three named accused persons other than the petitioner. Total recovery of 5 litres of illicit liquor has been made, which is the subject matter of the present case.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.36108 of 2026(2) dt.01-06-2026 2/3

petitioner is innocent and has committed no offence. Counsel submits that nothing has been recovered from the conscious possession of the petitioner and he is also not named in the FIR. Counsel submits that the name of the petitioner has figured in this case only due to the reason that he is the owner of seized e- rickshaw. He further submits that the petitioner has clean antecedent.

Learned APP for the State opposes the prayer for bail of the petitioner.

In the present facts and circumstances of this case, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/(Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Exclusive Special Judge Excise-I, Araria, in connection with R.S. P.S. Case No. 3 of 2026, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.

The Trial Court is directed to verify the criminal antecedent(s) of the petitioner, and in case, it is found at any stage that the petitioner has concealed the fact about his criminal antecedent(s), the Trial Court shall take steps for cancellation of

Patna High Court CR. MISC. No.36108 of 2026(2) dt.01-06-2026 3/3

bail bond of the petitioner. However, the acceptance of the bail bonds in terms of the above-mentioned order shall not be delayed for the purpose of or in the name of verification.

(Dr. Anshuman, J)

Divyansh/-

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