Gauri Shankar Yadav @ Gaurishankar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46310 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- EXCISE ROSERA District- Samastipur ====================================================== Gauri Shankar Yadav @ Gaurishankar Yadav S/o Kusheshwar Yadav VillageParoriya, PS- Hasanpur, Distt.- Samastipur (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhav Kumar For the Opposite Party/s :
Ms. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-12-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and allegation is of recovery of 215.320 litres of liquor from house of Raju Kumar. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a house which does not belong to the petitioner and he came to be implicated based on confessional statement of Raju in police custody which does not have any evidentiary value. It is next submitted that once an
Patna High Court CR. MISC. No.46310 of 2025(5) dt.17-12-2025 2/3 accused is implicated in a case relating to excise, the police starts implicating mechanically without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Excise Rosera P.S. Case No.69/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than two cases, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of two
Patna High Court CR. MISC. No.46310 of 2025(5) dt.17-12-2025 3/3 cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) amit/- U T