Saurabh Kumar yadav @ shivam saurabh v. The State of Bihar
/16477/2026 · 2026-03-13
R P Mishra
body2026
DailyLaw.ai
[ 2026 DAILYLAW 6931 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6931 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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 ======================================================
1. Saurabh Kumar yadav @ shivam saurabh Son of Surendra yadav @ Surendra Kumar Resident of Village- Gidha, Ps- Ghoghardiha, Dist- Madhubani
2. Appu Kumar Yadav @ Rajnish Kumar Yadav Son of Resident of Village- Gidha, 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.
2. 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.
3. The prosecution case, in short, is that total 909 litres of liquor was recovered from orchard.
4.
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.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. 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.
Raj Kishore/- (Rudra Prakash Mishra, J) U T