Patna High CourtCR. MISC./31679/2026allowed

Gopal Chauhan v. The State Of Bihar

2026-05-14Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31679 of 2026 Arising Out of PS. Case No.-108 Year-2026 Thana- RAJPUR District- Buxar ====================================================== Gopal Chauhan Son of Radheshyam Chauhan Resident of village- Hankarpur Police Station- Rajpur District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Rai Sharma, Advocate.

For the Opposite Party/s :

Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 14-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short, is that from a bike of this petitioner, 87.920 liters of illicit foreign liquor was recovered. The petitioner was owner of the bike and was apprehended.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that nothing has been recovered from the possession of the petitioner. The witnesses of the seizure list are

Patna High Court CR. MISC. No.31679 of 2026(2) dt.14-05-2026 2/2 police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 25.03.2026.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Special, Court-I, Buxar in connection with Rajpur P.S. Case No. 108 of 2026.

(Ashok Kumar Pandey, J) Sudhanshu/- U T