Gopal Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14151 of 2026 Arising Out of PS. Case No.-798 Year-2025 Thana- MADHAURAH District- Saran ====================================================== Gopal Nut Son of Dudhnath Nat R/o village - Bajit Bhoraha, P.S.- Madhaurah, Dist.- Saran at Chapra.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends his arrest in connection with Madhaurah/Marhowrah/Madhaura P.S. Case No. 798 of 2025, instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 40 litres of liquor was recovered from plastic boxes.

4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case on the basis of disclosure made by local Chowkidar. The petitioner has inimical term with the Chowkidar. The petitioner has got no concern with the alleged recovery of liquor. The petitioner has four criminal

Patna High Court CR. MISC. No.14151 of 2026(2) dt.25-02-2026 2/2 antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Learned counsel for the petitioner, therefore, contends that prima-facie no case is made out against the petitioner.

5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. The petitioner has four criminal antecedents of similar nature.

6. Considering the aforesaid facts and circumstances of the case as also criminal antecedent of the petitioner, in my view, this is not a fit case for anticipatory bail.

7. Accordingly, the prayer for grant of anticipatory bail to the petitioner is, hereby, rejected.

8. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be disposed of on its own merit without being prejudiced by this order.

(Rudra Prakash Mishra, J) manish/- U T