Gopal @ Jhagru v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68912 of 2025 Arising Out of PS. Case No.-421 Year-2025 Thana- GANDHIMAIDAN District- Patna ====================================================== Gopal @ Jhagru, aged 25 yrs. Male, Son of Late Laxman Sahni R/O Antaghat Pani Tanki, Bankipur Club Jhopadpatti, P.S.- Gandhi Maidan, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Gandhi Maidan PS. Case No. 421 of 2025 dated 16-07-2025, instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment )Act,2022.

3. The allegation is of recovery of 48 litres of country made liquor from a hut near Antaghat.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that petitioner has not been apprehended at the spot rather the petitioner has been made accused only on the basis of suspicion and disclosure made by

Patna High Court CR. MISC. No.68912 of 2025(2) dt.08-10-2025 2/2 the local people of the vicinity. It is next submitted that nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged hut from where recovery has been made. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise -2 Patna, in Gandhi Maidan PS. Case No. 421 of 2025,subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T