Gorakh Singh Yadav @ Gorakh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Gorakh Singh Yadav @ Gorakh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: release on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, upon arrest or surrender before the Court below within four weeks, to the satisfaction of the learned Special Judge, Excise Court No.2, Buxar, in connection with Nawanagar P.S. Case No. 316 of 2024, subject to Section 438(2) CrPC / Section 482(2) BNSS 2023 conditions and cooperation in investigation/trial.

Issue for consideration

Whether the petitioner, who apprehends arrest in Nawanagar P.S. Case No. 316 of 2024 registered for offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, should be released on anticipatory bail.

Court's answer

Anticipatory bail granted: the petitioner, in the event of arrest or surrender before the Court below within four weeks, is to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.2, Buxar, in connection with Nawanagar P.S. Case No. 316 of 2024, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS 2023 and to cooperation in the investigation/trial.

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Cr. Misc. No.14165 of 2025, order dt. 15-05-2025, Smt. Soni Shrivastava, J) to the petitioner arraigned in Nawanagar P.S. Case No. 316 of 2024, District Buxar, for offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (prosecution case: recovery of 30 liters of country made liquor from a scooty caught on chase beside a canal, an open space accessible to all; petitioner stated to be neither owner nor driver, name surfaced on disclosure of co-villagers, no recovery from his physical and conscious possession, no criminal antecedent; co-accused Jitendra Kumar earlier granted bail on 21.03.2025 in Cr. Misc. No.10410 of 2025). Direction: release on bail of Rs. 10,000/- with two like sureties upon arrest or surrender within four weeks before the Special Judge, Excise Court No.2, Buxar, subject to Section 438(2) CrPC / Section 482(2) BNSS 2023 conditions and cooperation in investigation/trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14165 of 2025

Arising Out of PS. Case No.-316 Year-2024 Thana- NAWANAGAR District- Buxar

======================================================

Gorakh Singh Yadav @ Gorakh Kumar Son of Late Rajdev Singh VillageDhawai PS- Dawath District -Rohtas

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Satyapal Singh For the Opposite Party/s : Mr.Kanhaiya Kishore (App.100) ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

3 15-05-2025

Heard learned Counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, the recovery is of 30 liters of country made liquor from a scooty which was caught on chase on the road besides the canal, which is an open space and accessible to all.

Learned counsel for the petitioner submits that he is neither the owner nor the driver of the said vehicle. His name has surfaced on the disclosure of co-villagers. There is no recovery from the physical and conscious possession of the petitioner. He submits that a co-accused namely Jitendra Kumar

Patna High Court CR. MISC. No.14165 of 2025(3) dt.15-05-2025 2/2

has also been granted bail vide order dated 21.03.2025 passed in Cr. Misc. No.10410 of 2025. The petitioner has no criminal antecedent.

Learned APP for the State opposes the prayer for anticipatory bail application.

Considering the above facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 learned Special Judge, Excise Court No.2, Buxar, in connection with Nawanagar P.S. Case No. 316 of 2024 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023 and subject to the further condition that the petitioner shall cooperate in the investigation/trial.

(Soni Shrivastava, J)

sharun/-

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