Gautam Kumar Gaurav v. The State Of Bihar

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 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