Saurabh Kumar yadav @ shivam saurabh Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Saurabh Kumar yadav @ shivam saurabh Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners: upon arrest or surrender before the learned Court below within six weeks, release on furnishing bail bonds of Rs. 15,000/- each with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Ghoghardiha PS Case No. 190 of 2025, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioners, who apprehend arrest in connection with Ghoghardiha PS Case No. 190 of 2025 (instituted for offences under Sections 274, 275 & 3(5) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act), should be released on anticipatory bail.

Court's answer

Considering the facts and circumstances of the case, anticipatory bail is granted to both petitioners in connection with Ghoghardiha PS Case No. 190 of 2025: in the event of arrest or surrender before the learned Court below within six weeks, they are to be released on furnishing bail bonds of Rs. 15,000/- each with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 16477 of 2026 (Rudra Prakash Mishra, J.), oral order dated 13-03-2026: anticipatory bail granted to petitioners Saurabh Kumar yadav @ shivam saurabh and Appu Kumar Yadav @ Rajnish Kumar Yadav, who apprehended arrest in Ghoghardiha PS Case No. 190 of 2025 (District Madhubani), instituted for offences under Sections 274, 275 & 3(5) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, following alleged recovery of 909 litres of liquor from an orchard. Counsel had contended false implication on the basis of disclosure made by an apprehended co-accused, absence of criminal antecedents, and non-compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, noting that a co-accused had been granted regular bail on 19.02.2026 in Cr. Misc. No. 10091 of 2026. On arrest or surrender within six weeks, the petitioners were ordered released on bail bonds of Rs. 15,000/- each with two sureties of the like amount, subject to the conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16477 of 2026

Arising Out of PS. Case No.-190 Year-2025 Thana- GHOGHARDIHA District- Madhubani

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

Saurabh Kumar yadav @ shivam saurabh Son of Surendra yadav @ Surendra Kumar Resident of Village- Gidha, Ps- Ghoghardiha, DistMadhubani

Appu Kumar Yadav @ Rajnish Kumar Yadav Son of Resident of VillageGidha, Ps- Ghoghardiha, Dist- Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 13-03-2026

Heard learned counsel for the petitioners and learned APP

for the State.

The petitioners apprehend their arrest in connection with Ghoghardiha PS Case No. 190 of 2025 instituted for the offences under Sections 274, 275 & 3(5) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that total 909 litres of liquor was recovered from orchard.

Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. The names of the petitioners transpired in this case on the basis of discloser made by apprehended co-accused person. The

Patna High Court CR. MISC. No.16477 of 2026(2) dt.13-03-2026 2/2

petitioners have got no concern with the alleged recovery of liquor. The petitioners have no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Learned counsel for the petitioners, therefore, contends that prima-facie no case is made out against the petitioners. Other co-accused has been granted regular bail by this Court vide order dated 19.02.2026, passed in Cr. Misc. No. 10091 of 2026.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ghoghardiha PS Case No. 190 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J)