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Patna High Court

Md. Gauhar @ Md. GohearversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioner, directing surrender and the furnishing of a bail bond.

Summary

The petitioner, Md. Gauhar, filed an anticipatory bail application fearing arrest in a case arising from a stone‑pelting incident in Gaya where police were attacked and 18 persons were arrested. The FIR alleges offences under multiple sections of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, based on the recovery of 375 ml of foreign liquor from a scooty, which the petitioner claims does not belong to him. He has no prior criminal record and points out that similarly situated co‑accused were granted bail in a prior order dated 18‑07‑2025. The State opposed the bail, arguing the seriousness of the offences. After hearing both sides, the Court, invoking its powers under Section 482(2) of the BNSS, ordered that the petitioner be enlarged on anticipatory bail, subject to surrender within four weeks and furnishing a bail bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bihar Narcotic Substances Act, 2023 in view of the alleged offences.
  • Whether the allegations in the FIR constitute a specific charge against the petitioner sufficient to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • public order offence
  • stone pelting
  • liquor seizure
  • Bihar Narcotic Substances Act
  • Bihar Prohibition and Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5210 of 2026
                    Arising Out of PS. Case No.-1110 Year-2024 Thana- GAYA MUFASIL District- Gaya
                 ======================================================
                 Md. Gauhar @ Md. Gohear Son of Md. Pheko R/o Village - Nauranga, P.S. -
                 Moffasil, Dist. - Gaya ji.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Praveen Kumar, Advocate
                 For the Opposite Party/s :      Mr.Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has

                   been filed by the petitioner apprehending his arrest in

                   connection with Gaya Muffasil P.S. Case No. 1110 of 2024

                   instituted for the offence under Sections 190, 191(2), 191(3),

                   126(2), 115(2), 121, 132, 109, 352 & 324(4) of the B.N.S., 2023

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

                   (Amendment) Act, 2022.

                                3. The case of the prosecution is that two group of

                   persons were pelting stone on each other on a trivial issue.

                   When police reached there and started disbursing the public, the

                   public started pelting stones and boulders on police. After that

                   the police chased the public and apprehended altogether 18
Patna High Court CR. MISC. No.5210 of 2026(2) dt.09-02-2026
                                            2/3




          persons and they were named in the FIR.

                       4. Learned counsel for the petitioner has submitted

          that the nature of allegation is general and omnibus. No specific

          overt act is alleged against the petitioner and minor injuries

          incurred in the occurrence. From perusal of the FIR it transpires

          that from a scooty altogether 375 ml. of country made foreign

          liquor was recovered. It has been argued by the learned counsel

          for the petitioner that the scooty does not belong to this

          petitioner. It is further submitted that similarly situated co-

          accused persons have been extended the privilege of bail vide

          order dated 18.07.2025 passed in Cr. Misc. No. 43963 of 2025.

          The petitioner is having no criminal antecedent.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer for bail to the petitioners.

                       6. Having heard learned counsel for the parties and in

          the facts and circumstances of the case as stated above, this

          Court is inclined to enlarge the petitioner on bail. The petitioner

          is directed to surrender in the Court below within a period of

          four weeks from today and in the event of his arrest or surrender

          in connection with Gaya Muffasil P.S. Case No. 1110 of 2024,

          they will be enlarged on bail on furnishing bail bond of Rs.

          10,000/- (Rupees ten thousand) of them with two sureties of the
            Patna High Court CR. MISC. No.5210 of 2026(2) dt.09-02-2026
                                                        3/3




                      like amount each to the satisfaction of learned Exclusive Special

                      Excise Court No.1, Gaya Ji/concerned court, subject to the

                      conditions as laid down under Section 482(2) of the BNSS.




                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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