Uday Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Uday Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail upon arrest or surrender before the learned court below within four weeks, on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C. and a further condition of cooperation in the investigation/trial, in connection with Beur P.S. Case No.499 of 2021.

Issue for consideration

Whether the petitioner, apprehending arrest for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 in Beur P.S. Case No.499 of 2021, is entitled to anticipatory bail.

Court's answer

On consideration of the facts and circumstances of the case, and particularly that the petitioner has no criminal antecedent, the Court extended the privilege of anticipatory bail to the petitioner.

Ratio / Principle

The grant of anticipatory bail is conditioned on compliance with the conditions laid down under Section 438(2) Cr.P.C. and a further condition that the petitioner cooperate in the investigation/trial.

Detailed headnote1 paragraphs

Anticipatory bail granted. Petitioner apprehended arrest for offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (Amended) arising out of Beur P.S. Case No.499 of 2021, District Patna, wherein 100 liters of country made liquor was recovered from a tempo whose two riders escaped during a police chase; the petitioner's name surfaced on the allegation that he owned the seized tempo. Counsel submitted that the tempo had been sold to one Ramadhar Kumar prior to the occurrence, that the petitioner resides outside Patna for his livelihood, has no criminal antecedent, and that no recovery was made from his conscious or physical possession. Noting the circumstances and the absence of criminal antecedents, the Court extended the privilege of anticipatory bail: release on arrest or surrender within four weeks on a bail bond of Rs.10,000/- with two like sureties, subject to Section 438(2) Cr.P.C. conditions and cooperation in the investigation/trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12094 of 2025

Arising Out of PS. Case No.-499 Year-2021 Thana- BEUR District- Patna

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

Uday Kumar Son of Rameshwar Ray @ Ramashray Ray Resident of VillageAtwarpur, P.S.- Parsa Bazaar, Distt.- Patna

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Khushi Awadh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

3 09-05-2025

Heard learned counsel for the petitioner and learned

APP for the State.

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

A perusal of the first information report and the seizure list would go to show that a total 100 liters of country made liquor has been recovered from a tempo. Two persons, who were riding the said tempo, managed to escape despite chase being made by the police.

Learned counsel for the petitioner submits that the name of the petitioner has surfaced in this case on the ground that he is the owner of the seized tempo. It is, however, stated that the said tempo was sold to one Ramadhar Kumar much

Patna High Court CR. MISC. No.12094 of 2025(3) dt.09-05-2025 2/2

prior to the date of the occurrence. It has further been submitted that the petitioner lives outside Patna for his livelihood and has no criminal antecedent. No recovery has been made from conscious or physical possession of the petitioner.

Taking into consideration the abovementioned facts and circumstances of the case and further that the petitioner has no criminal antecedent, I am inclined to extend the privilege of anticipatory bail to the petitioner. Let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/ successor Court in connection with Beur P.S. Case No.499 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to the further condition that the petitioner shall cooperate in the investigation/trial.

(Soni Shrivastava, J)

Trivedi/-