Patna High Court
Gaurav Kumar @ Kumar GauravversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Gaurav Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act where 330.120 litres of liquor were seized from a pick‑up vehicle. The prosecution alleged his involvement, while the petitioner contended that his name was mentioned only on the basis of a co‑accused’s confessional statement, which he argued lacked evidentiary value, and that he had no connection with the vehicle or the liquor. He also highlighted that another co‑accused had already been granted regular bail and that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail on the condition of furnishing bail bonds of Rs.15,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the confessional statement of a co‑accused provides sufficient basis for arrest.
- Whether non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- confessional statement
- liquor seizure
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15419 of 2026
Arising Out of PS. Case No.-313 Year-2025 Thana- SARAI District- Vaishali
======================================================
Gaurav Kumar @ Kumar Gaurav Son of Ranjeet Kumar Singh @ Ranjeet
Singh R/o Middle School, Ward no. 2, Akhitiyarpur Patedha, Post -
Akhitiyarpur, P.S. - Sarai, Dist. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends arrest in connection with
Sarai P.S. Case No. 313 of 2025, registered under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 330.120 liters
liquor was recovered from pick-up vehicle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner has got no concern with the alleged
recovery of liquor. Learned counsel for the petitioner also
submits that the petitioner has got no concern with the pick-up
vehicle in question. Name of the petitioner has transpired in this
case on the basis of confessional statement made by co-accused
person and the same has got no evidentiary value. Learned
Patna High Court CR. MISC. No.15419 of 2026(2) dt.12-03-2026
2/2
counsel for the petitioner, therefore, contends that prima-facie,
no case is made out against the petitioner. The petitioner has got
one criminal antecedent. Learned counsel for the petitioner
further submits that other co-accused has been granted regular
bail by this Court vide order dated 10.02.2026 passed in Cr.
Misc. No. 7495 of 2026. There is no compliance of Section 103
of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sarai P.S. Case No.
313 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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