Gorakh Singh Yadav @ Gorakh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61151 of 2025 Arising Out of PS. Case No.-28 Year-2025 Thana- NAWANAGAR District- Buxar ====================================================== Gorakh Singh Yadav @ Gorakh Kumar Son of Late Rajdev Singh R/o Village - Dhawai, P.S. - Dawath, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satyapal Singh, Advocate For the State :
Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-09-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Nawanagar P.S. Case No. 28 of 2025 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, lodged on 12.03.2025 by the informant, Sanjay Kumar Singh.
3. As per the prosecution story, the Police upon information reached near the Canal and recovered/seized 35 liters country made liquor. Those present there, escaped, locals gave the name including the petitioner. This led to the F.I.R.
4. Learned counsel for the petitioner submits that nothing has been recovered from his conscious possession rather from an open place, only because of criminal, implicated and if granted relief, he shall be diligently appearing in trial.
Patna High Court CR. MISC. No.61151 of 2025(2) dt.23-09-2025 2/3
5. Learned APP opposes the prayer.
6. Considering the submissions of the parties as also the fact that nothing has been recovered from his conscious possession rather from an open place and an undertaking have been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court No.2, Buxar, in connection with Nawanagar P.S. Case No. 28 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
Patna High Court CR. MISC. No.61151 of 2025(2) dt.23-09-2025 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T