Patna High Court
Saurabh Kumar yadav @ shivam saurabhversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioners subject to bail bond and surety conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
The petitioners, Saurabh Kumar Yadav and Appu Kumar Yadav, sought anticipatory bail fearing arrest in a case (Ghoghardiha PS Case No. 190 of 2025) involving alleged offences under IPC sections 274, 275, 3(5) and Section 30(a) of the Bihar Prohibition and Excise Act, where 909 litres of liquor were recovered. They contended that their names were disclosed by a co‑accused, that they have no criminal antecedent, and that the investigation failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, rendering the case prima facie weak. The State opposed the bail, arguing the seriousness of the offences. The Court examined the material and, noting the lack of direct evidence against the petitioners and the grant of regular bail to another co‑accused, ordered anticipatory bail on the condition of furnishing a bail bond of Rs.15,000 with two sureties each, subject to Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita. The order was made to be complied with by the lower court if the petitioners are arrested or surrender within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the alleged offences under IPC and the Bihar Prohibition and Excise Act.
- Whether the prosecution has made out a prima facie case against the petitioners.
- Whether the investigation complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
- Whether conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Indian Penal Code — s. 274, 275, 3(5)
Subjects
- anticipatory bail
- false implication
- liquor seizure
- IPC sections 274
- IPC sections 275
- IPC section 3(5)
- Bihar Prohibition and Excise Act
- Section 103
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16477 of 2026
Arising Out of PS. Case No.-190 Year-2025 Thana- GHOGHARDIHA District- Madhubani
======================================================
1. Saurabh Kumar yadav @ shivam saurabh Son of Surendra yadav @
Surendra Kumar Resident of Village- Gidha, Ps- Ghoghardiha, Dist-
Madhubani
2. Appu Kumar Yadav @ Rajnish Kumar Yadav Son of Resident of Village-
Gidha, Ps- Ghoghardiha, Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hriday Narayan Harshit, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners apprehend their arrest in connection
with Ghoghardiha PS Case No. 190 of 2025 instituted for the
offences under Sections 274, 275 & 3(5) of the Indian Penal
Code and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 909
litres of liquor was recovered from orchard.
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 on the basis
of discloser made by apprehended co-accused person. The
Patna High Court CR. MISC. No.16477 of 2026(2) dt.13-03-2026
2/2
petitioners have got no concern with the alleged recovery of
liquor. 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. Other co-accused has been granted regular bail by
this Court vide order dated 19.02.2026, passed in Cr. Misc. No.
10091 of 2026.
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 Ghoghardiha
PS Case No. 190 of 2025, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
Raj Kishore/- (Rudra Prakash Mishra, J)
U T
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