Patna High Court

Gaurav Kumar @ Bhola SinghversusThe State of Bihar

Decided: 30 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Anticipatory bail was granted as the court found no prima facie case against the petitioner and satisfied the conditions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Gaurav Kumar, sought anticipatory bail fearing arrest in a case (Jhajha P.S. No.409/2025) involving alleged possession of 822 litres of liquor, alleged offences under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. The petitioner claimed he was neither owner nor driver of the vehicles and that the other accused had already been granted bail, arguing that no prima facie case existed against him. The State opposed the bail, but the court noted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and the petitioner’s four prior criminal antecedents. Considering the circumstances, the court ordered that the petitioner be released on anticipatory bail, subject to a bail bond of Rs.15,000 and two sureties, under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. The order was conditioned on surrender within six weeks and compliance with the stipulated conditions.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether the petitioner can be deemed to have a prima facie case against him for offences under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act.
Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 482
Section 30(a)
Section 32
criminal procedure
bail bond
Section 103

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4792 of 2026
                        Arising Out of PS. Case No.-409 Year-2025 Thana- JHAJHA District- Jamui
                 ======================================================
                 Gaurav Kumar @ Bhola Singh S/O Late Ajay Kumar Singh R/O Vill.-
                 Indupur, P.S.- Barahiya, Dist.- Lakhisarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rabi Bhushan, Advocate
                 For the Opposite Party/s :       Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   30-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Jhajha P.S. Case No. 409/2025 instituted for the offences

                   under Sections 30(a) and 32 of the Bihar Prohibition and Excise

                   Act.

                               3. The prosecution case, in short, is that total 822 litres

                   of liquor was recovered from three cars.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Learned counsel further submitted that petitioner is neither the

                   owner nor the driver of the vehicles. The petitioner has got no

                   concern with the alleged recovery of liquor. The other co-
             Patna High Court CR. MISC. No.4792 of 2026(2) dt.30-01-2026
                                                         2/2




                       accused persons have already been granted bail by this court

                       vide order dated 18.11.2025 passed in Cr. Misc. No.

                       78027/2025. Learned counsel, therefore, submitted that prima-

                       facie, no case is made out against the petitioner. The petitioner

                       has four criminal antecedents. There is no compliance of

                       Section 103 of the Bharatiya Nagarika 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 of

                       the case, 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 Jhajha P.S.

                       Case No. 409/2025, subject to the conditions as laid down under

                       Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                       2023.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T

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