Gopal Kumar @ Bilaiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22230 of 2026 Arising Out of PS. Case No.-12 Year-2026 Thana- PIPRIYA District- Lakhisarai ====================================================== Gopal Kumar @ Bilaiya Son of Rajendra Singh R/o Vill. - Walipur, P.S. - Pipariya, Dist. - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Prasad, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-04-2026 Heard Mr. Umesh Prasad, learned counsel for the petitioner and Mr. Rajesh Kumar, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 17.02.2026 in connection with Pipariya P.S. Case No. 12 of 2026, F.I.R. dated 16.02.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Recovery is of 4.5 liters of country made foreign liquor.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. that recovery has been made from possession of petitioner but there is non-compliance of Section 103 and 105 of BNSS. He

Patna High Court CR. MISC. No.22230 of 2026(2) dt.06-04-2026 2/3 further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 17.02.2026.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries five criminal antecedents other than the present one but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the three cases.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District & Additional Session Judge-VII-cum-Exclusive Special Excise Court-II, Lakhisarai in connection with Pipariya P.S. Case No. 12 of 2026, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.22230 of 2026(2) dt.06-04-2026 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Suruchi/- U T