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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, if arrested or if he surrenders before the court below within four weeks, to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional District and Sessions Judge-XIII-cum-Special Excise Court No. 1, Gopalganj, in connection with Uchakagaon Police Station Case No. 22 of 2025, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS, 2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner in Uchakagaon Police Station Case No. 22 of 2025, involving offences under Sections 317 and 3(5) of the BNS, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, notwithstanding that he was named only through a local spy's disclosure and nothing was recovered from his possession.

Court's answer

Having regard to the submissions of the parties, and considering that the petitioner was made accused on the basis of disclosure of his name by a local spy and that the pick-up van from which illicit liquor was recovered does not belong to him, the Court was inclined to grant the petitioner the privilege of anticipatory bail.

Ratio / Principle

The anticipatory bail application is allowed.

Key takeaways

In the event of the petitioner's arrest or surrender before the court below within four weeks, he 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 Additional District and Sessions Judge-XIII-cum-Special Excise Court No. 1, Gopalganj, in connection with Uchakagaon Police Station Case No. 22 of 2025, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the BNSS, 2023.ratio¶23

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — Offences under Sections 317 and 3(5) of the BNS, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 (Uchakagaon P.S. Case No. 22 of 2025, Gopalganj): 1052 liters of country made liquor alleged to have been recovered from a trolley in a pick-up van (Reg. No. BR11GB4769); occupants fled and were not apprehended. Petitioner's name transpired only through disclosure by a local spy; no incriminating article recovered from his conscious possession; the van does not belong to him. Considering these factors, the Court granted anticipatory bail — release on arrest or surrender within four weeks on bail bond of Rs. 10,000/- with two sureties of the like amount each before the Additional District and Sessions Judge-XIII-cum-Special Excise Court No. 1, Gopalganj, subject to Section 438(2) CrPC / Section 482(2) BNSS, 2023 conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25573 of 2025

Arising Out of PS. Case No.-22 Year-2025 Thana- UCHKAGAON District- Gopalganj

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

Sujit Kumar Yadav Son of Ramakant Yadav Resident of Village - Thakurai Bairiya, P.S.- Uchakaganv, District - Gopalganj, Bihar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Prince Kumar Mishra For the Opposite Party/s : Mr. Abhay Kumar ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 07-05-2025

Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Uchakagaon Police Station Case No. 22 of 2025, disclosing offences under Sections 317 and 3(5) of the BNS, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

As per the prosecution case, on 23-01-2025, during patrolling, the police received secret information that the petitioner along with co-accused was unloading illicit liquor from a pick-up van near village Parsauni Khas Mushar Tola. Upon such information the police proceeded towards the place of occurrence and saw 2 persons standing near white colour pick-up van and on seeing the police vehicle they fled away. On

Patna High Court CR. MISC. No.25573 of 2025(2) dt.07-05-2025 2/3

search, total 1052 liters of country made liquor has been recovered from the pick-up van bearing Reg. No. BR11GB4769 kept in a trolley. The local spy disclosed the name of the petitioner and the co-accused who managed to flee away.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged. Petitioner was not present at the spot. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner’s name has transpired on the basis of disclosure made by local spy. The pickup van from which illicit liquor has been recovered does not belong to the petitioner.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner has been made accused on the basis of disclosure of his name by a local spy and pickup van from which the illicit liquor has been recovered does not belong to the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

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

Patna High Court CR. MISC. No.25573 of 2025(2) dt.07-05-2025 3/3

each to the satisfaction of learned Additional District and Sessions Judge-XIII-cum-Special Excise Court No. 1, Gopalganj, in connection with Uchakagaon Police Station Case No. 22 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.

(Anil Kumar Sinha, J)

HarshPandey/-

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