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Patna High Court

Gaurav Kumar @ Gaurav Chaudhary @ Gaurav Kumar Chaudhary @ Nanhe kumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioner.

Summary

The petitioner, Gaurav Kumar, sought anticipatory bail in a case involving the alleged recovery of 18 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution alleged that the liquor was recovered in connection with a case pending before the Special Judge Excise, Madhubani. The petitioner claimed innocence, stating that nothing was recovered from his possession and that he was neither the owner nor the driver of the vehicle involved, though he has a pending criminal case. The State opposed the bail, highlighting the petitioner’s unclean criminal antecedent. The High Court, after considering the facts, declined to grant anticipatory bail, directing that if the petitioner surrenders within six weeks, the trial court should decide his bail application on merits without prejudice.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the alleged involvement in illicit liquor possession and his prior criminal antecedent.

Subjects

  • anticipatory bail
  • illicit liquor
  • excise law
  • criminal antecedent
  • Section 30(a)
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29229 of 2026
                      Arising Out of PS. Case No.-27 Year-2026 Thana- KHIRHAR District- Madhubani
                 ======================================================
                 Gaurav Kumar @ Gaurav Chaudhary @ Gaurav Kumar Chaudhary @ Nanhe
                 kumar Son of Narayan Chaudhary R/o village - Khirhar , p.s. - Khirhar ,
                 District - Madhubani

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gagan Deo Yadav, Advocate
                                                  Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :       Mrs. Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   06-05-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Khirhar P.S. Case No. 27 of 2026, dated 24.02.2026,

                   lodged under Section 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022, pending before the Court of Exclusive

                   Special Judge Excise, Madhubani.

                                3. As per the prosecution, total recovery of 18 litres of

                   illicit liquor has been made, which is the subject matter of the

                   present case.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He further

                   submits that nothing has been recovered from the possession of
          Patna High Court CR. MISC. No.29229 of 2026(2) dt.06-05-2026
                                                      2/2




                    the petitioner. He also submits that the petitioner is neither the

                    owner nor the driver of the said alleged vehicle. Furthermore, he

                    submits that the criminal antecedent of the petitioner is not

                    clean, as one criminal case is pending against him.

                                 5. Learned APP for the State opposes the prayer for

                    bail of the petitioner and submits that the criminal antecedent of

                    the petitioner is not clean.

                                 6. In the present facts and circumstances, this Court is

                    not inclined to grant anticipatory bail to the petitioner.

                    Accordingly, the prayer for anticipatory bail of the petitioner is

                    hereby rejected.

                                 7. A liberty is hereby granted to the petitioner that if

                    the petitioner surrenders within six weeks, then the Trial Court

                    is directed to pass order on his surrender-cum-bail application

                    on the same day without being prejudice that the anticipatory

                    bail of the petitioner has been rejected by this Court and the

                    Trial Court shall pass order on the merit of this case.



                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T


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