Patna High Court
Md. Gauhar @ Md. GohearversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S., 2023 — s. 109, 115(2), 121, 126(2), 132, 190, 191(2), 191(3), 324(4), 352, 482(2)
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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