Patna High Court
CR. MISC./86874/2025 of Gaurav Kumar Vs The State of Bihar on 24 December 2025
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86874 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- DARBHANGA District- Darbhanga ====================================================== Gaurav Kumar Son of Ram Naresh Thakur Resident of village - Dwarika Nagar Binda, P.S.-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86874 of 2025
Arising Out of PS. Case No.-41 Year-2025 Thana- DARBHANGA District- Darbhanga ======================================================
Gaurav Kumar Son of Ram Naresh Thakur Resident of village - Dwarika Nagar Binda, P.S.- Mushari, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s :
Mr. Md. Anzarul Haque Sahara, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
24-12-2025
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 the Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 17.28 litres of liquor along with cash of Rs.22,500/- from a car and 214.74 litres of liquor from an auto.
4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner came to be implicated based on the fact that he is owner of the seized auto. It is next submitted that no prudent Patna High Court CR. MISC. No.86874 of 2025(2) dt.24-12-2025
person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is also submitted that petitioner was completely unaware that the driver would misuse the auto in the manner as alleged.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, let 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.5,000/- (Rupees Five 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 Darbhanga Town P.S. Case No. 41 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. It is made clear that thereafter the learned trial court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of more than one case, it would be presumed that petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail Patna High Court CR. MISC. No.86874 of 2025(2) dt.24-12-2025
application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner has antecedent of only one case in that event the provisional anticipatory bail order shall be confirmed forthwith.
Kundan/- (Satyavrat Verma, J) U T