Patna High Court

GAUTAM KUMAR GAURAVversusTHE STATE OF BIHAR

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Gautam Kumar Gaurav, applied for anticipatory bail in a case under Sections 30(a) of the Bihar Prohibition and Excise Act, where the police had recovered illicit liquor from a co-accused, Sanjay Kumar, and identified the petitioner only through the co-accused's disclosure. No liquor or any incriminating material was found in the petitioner's possession. The petitioner argued that he was falsely implicated and that the only basis for his involvement was the co-accused’s statement. The court examined the submissions and noted the lack of any physical recovery from the petitioner. Consequently, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties if arrested within four weeks, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

Whether anticipatory bail should be granted when the petitioner’s alleged involvement is based solely on a co-accused’s disclosure and no material has been recovered from him.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 30(a)
co-accused disclosure
Section 482(2)
bail bond
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7808 of 2026
                       Arising Out of PS. Case No.-21 Year-2025 Thana- IMAMGANJ District- Gaya
                 ======================================================
                 Gautam Kumar Gaurav S/o Surendra Prasad R/o Vill.- Nagwan, P.S.-
                 Imamganj, District- Gayaji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Nafisu Zzoha, Advocate
                 For the Opposite Party/s :      Mr. Parmanand Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   17-02-2026                  Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. This application, for grant of anticipatory bail,

                   arises out of Imamganj Police Station Case No. 21 of 2025,

                   disclosing offences under Sections 30(a) of Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, as per the First

                   Information Report, is that on 27.01.2025, police got the

                   secret information that one co-accused, namely, Sanjay

                   Kumar @ Chhotu was carrying illicit liquor and was going

                   to catch a bus at Imamganj bus-stand with a plastic bag in

                   his hand. On such information, police party proceeded

                   towards the place of occurrence and apprehended co-
Patna High Court CR. MISC. No.7808 of 2026(2) dt.17-02-2026
                                            2/3




          accused Sanjay Kumar @ Chhotu and recovered 11.25 litres

          of illicit liquor from him.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has falsely been implicated in this

          case. Learned counsel further submits that the name of the

          petitioner has transpired on the basis of discloser made by

          the arrested co-accused, namely, Sanjay Kumar @ Chhotu.

          Nothing has been recovered from the conscious physical

          possession of the petitioner.

                       5. Regards being had to the submissions made by

          the parties and taking into consideration the fact that the

          name of the petitioner transpired in this case on the basis of

          discloser made by the arrested co-accused and there is no

          recovery of liquor from the petitioner, I am inclined to grant

          the petitioner privilege of anticipatory bail.

                       6. This application is, accordingly, allowed.

                       7. Let the petitioner, above named, in the event of

          his arrest or surrender before the Court below within four

          weeks, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned Exclusive Special
           Patna High Court CR. MISC. No.7808 of 2026(2) dt.17-02-2026
                                                       3/3




                     Excise Judge No. 2, Gaya, in connection with Imamganj

                     Police Station Case No. 21 of 2025,                 subject to the

                     condition laid down under Section 482 (2) of the Bharatiya

                     Nagarik Suraksha Sanhita.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T

Continue reading with your account

Checking your session…