Kumar Gaurav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89522 of 2025 Arising Out of PS. Case No.-2904 Year-2025 Thana- Excise P.S. District- Patna ====================================================== Kumar Gaurav Son of Rajdeo Prasad R/O Vill.- Devkuli, Post- Serthua, P.S.- Sarthua, Distt.- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Eashita Raj, Advocate Mr.Anuj Kumar, Advocate For the State :
Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with (Patna) Excise P.S. Case No. 2904 of 2025 registered for the offence under Sections 30(a), 32, 41, 56(b) and 62 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the recovery is of 14.310 liters of illicit liquor.
4. It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in this case.
5. Learned counsel for the petitioner submits that the petitioner is ready to donate Rs. 25,000/- in some charitable
Patna High Court CR. MISC. No.89522 of 2025(2) dt.23-12-2025 2/3 organization without accepting his guilt. Learned counsel submits that the petitioner has taken the premises on rent. He further submits that the petitioner has no criminal antecedent.
6. Considering the aforesaid facts, this application is allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the concerned Court below within four weeks from today, 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 the learned Special Judge, Excise-III, Patna/ concerned Court below in connection with (Patna) Excise P.S. Case No. 2904 of 2025, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
8. This is also subject to the condition that the petitioner shall deposit an amount of Rs. 25,000/- in Ramakrishna Math, Gayaji Camp at I.A.S. Colony, Sidheswar Ghar Aangan Complex Block-B, Domuhan, Bodh Gaya, Gaya and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner.
9. As a condition of this order, the petitioner, after
Patna High Court CR. MISC. No.89522 of 2025(2) dt.23-12-2025 3/3 being released on anticipatory bail, is directed to mark his attendance at Sarthua Police Station on every Sunday of the month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner.
10. As the petitioner claims to have clean antecedent, the Court below, before accepting the bail bonds of the petitioner is directed to verify the antecedent of the petitioner. If the petitioner is found to be involved in any other case then the bail bonds of the petitioner shall not be accepted. (Sandeep Kumar, J) P. Kumar U T