Gopal Yadav @ Gopaljee Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90873 of 2025 Arising Out of PS. Case No.-181 Year-2025 Thana- BRAHMPUR District- Buxar ====================================================== 1.

Gopal Yadav @ Gopaljee Yadav Son of Shivnarayan Yadav Resident of Village - Jawahi Diyar, P.S.- Brahmpur, District - Buxar. 2.

Shiv Lal Yadav Son of Shivpujan Yadav Resident of Village - Jawahi Diyar, P.S.- Brahmpur, District - Buxar.

3.

Lalji Yadav @ Lali Son of Hira Lal Yadav @ Hira Yadav Resident of Village - Jawahi Diyar, P.S.- Brahmpur, District - Buxar. ... ... petitioner/s

Versus

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

For the petitioners/s :

Mr. Arun Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners apprehends their arrest in connection with Brahmpur PS Case No. 181 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 191(2), 191(3), 109, 132, 324(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 27, 26 & 35 of the Arms Act.

Patna High Court CR. MISC. No.90873 of 2025(2) dt.19-01-2026 2/3 3.

The prosecution case, in short, is that total 147.780 litres of liquor was recovered from roadside. It is further alleged that there is recovery of five cartridges from the place of occurrence.

4.

Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. The names of the petitioners transpired in this case during investigation. The petitioners have got no concern with the alleged recovery of liquor and arms. The petitioners have no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Learned counsel for the petitioners, therefore, contends that prima-facie no case is made out against the petitioners.

5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Brahmpur PS

Patna High Court CR. MISC. No.90873 of 2025(2) dt.19-01-2026 3/3 Case No. 181 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T