Gorakh Singh Yadav @ Gorakh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14165 of 2025 Arising Out of PS. Case No.-316 Year-2024 Thana- NAWANAGAR District- Buxar ====================================================== Gorakh Singh Yadav @ Gorakh Kumar Son of Late Rajdev Singh VillageDhawai PS- Dawath District -Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satyapal Singh For the Opposite Party/s :
Mr.Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-05-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, the recovery is of 30 liters of country made liquor from a scooty which was caught on chase on the road besides the canal, which is an open space and accessible to all.
4. Learned counsel for the petitioner submits that he is neither the owner nor the driver of the said vehicle. His name has surfaced on the disclosure of co-villagers. There is no recovery from the physical and conscious possession of the petitioner. He submits that a co-accused namely Jitendra Kumar
Patna High Court CR. MISC. No.14165 of 2025(3) dt.15-05-2025 2/2 has also been granted bail vide order dated 21.03.2025 passed in Cr. Misc. No.10410 of 2025. The petitioner has no criminal antecedent.
5. Learned APP for the State opposes the prayer for anticipatory bail application.
6. Considering the above facts and circumstances, 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 Special Judge, Excise Court No.2, Buxar, in connection with Nawanagar P.S. Case No. 316 of 2024 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023 and subject to the further condition that the petitioner shall cooperate in the investigation/trial. (Soni Shrivastava, J) sharun/- U T