Gaurav Kumar @ Banti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54609 of 2025 Arising Out of PS. Case No.-105 Year-2025 Thana- KALYANPUR District- Samastipur ====================================================== Gaurav Kumar @ Banti Son of Amarnath Ray @ Amar Kumar R/O Vill.- Tira Jathmalpur, P.S.- Kalyanpur, District - Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Kumar, Advocate For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Kalyanpur P.S. Case No. 105 of 2025, instituted under Sections 30(a), 41(1) of the Bihar Prohibition & Excise Act.
3. There is recovery of 119.6 litre illicit liquor from the Innova Car near the house of the petitioner. Petitioner and other co-accused managed to flee away.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no concern either with the seized liquor or with the said vehicle. Petitioner was not arrested from the spot. Petitioner has no criminal antecedent. Petitioner
Patna High Court CR. MISC. No.54609 of 2025(2) dt.19-08-2025 2/2 undertakes to co-operate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge Court No. 1, Samastipur in connection with Kalyanpur P.S. Case No. 105 of 2025, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J.) rakhi/- U T