Gaurav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65162 of 2025 Arising Out of PS. Case No.-171 Year-2021 Thana- PUNPUN District- Patna ====================================================== Gaurav Kumar S/O Kameshwar Kumar @ Kameshwar Paswan R/O VillageNadwan, P.O- Nadwan, P.S- Dhamarua, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Rai, Adv.
For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-11-2025
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 offences punishable under Section 30(a) of the Bihar Excise Act.
3. The case was taken up on 24.09.2025 when the case diary was called for, but the same till date has not been received.
4. The Court will not wait endlessly for the case diary.
5. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 200 liters of liquor from a car.
6. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.65162 of 2025(3) dt.10-11-2025 2/3 petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle. It is next submitted that the seized vehicle belongs to Manoj Kumar, but police in mechanical manner implicated the petitioner.
7. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
8. 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 Trial Court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Punpun P.S. Case No. 171 of 2021 subject to the conditions as laid down under Section 482 (2) of the BNSS.
9. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of even one case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.65162 of 2025(3) dt.10-11-2025 3/3 antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) Rishabh/- U T