Gopi Patel @ Gopichand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39641 of 2025 Arising Out of PS. Case No.-72 Year-2025 Thana- ARERAJ District- East Champaran ====================================================== Gopi Patel @ Gopichand Kumar S/O Ranglal Raut Resident of VillageChandiAsthan, Ward No.12, P.S.-Govindganj, District-East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate :

Mr. Dhandev Kumar, Advocate :

Mr. Atul Kumar, Advocate :

Ms. Isha Mishra, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Areraj P.S. Case No. 72 of 2025 instituted for the offences under Sections308(3), 308(4), 3(5) of the BNS and Section 37 of the Bihar Prohibition and Excise Act.

3. Prosecution case, in short, is that the accused persons including the petitioner, while in drunken state, were collecting extortion by intercepting vehicles and issuing illegal receipts.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No

Patna High Court CR. MISC. No.39641 of 2025(3) dt.22-07-2025 2/2 incriminating article has been recovered from the conscious possession of the petitioner. Petitioner never demanded any extortion from anyone. The only allegation against the petitioner is that he was found in a drunken state. Learned counsel further submitted that Section 37 of the Bihar Prohibition and Excise Act is bailable in nature. Learned counsel further submitted that petitioner has got no concern with the alleged occurrence. It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.04.2025 and has no criminal antecedent.

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

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Areraj P.S. Case No. 72 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T