Umakant Roy Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Umakant Roy Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: on arrest or surrender before the court below within six weeks, release on bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (Excise) Court No. 2, Supaul in connection with Sadar Supaul PS case no. 03 of 2025, subject to Section 482(2) CrPC conditions.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner in connection with Sadar Supaul PS case no. 03 of 2025, registered for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. +1 more

Court's answer

Anticipatory bail is granted to the petitioner in connection with Sadar Supaul PS case no. 03 of 2025.

Ratio / Principle

The grant rests on the petitioner having no criminal antecedent and the illicit liquor having been recovered from an open space accessible to all and sundry.

Key takeaways

On arrest or surrender before the court below within six weeks, the petitioner is to be released on a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Exclusive Special Judge (Excise) Court No. 2, Supaul, subject to the conditions under Section 482(2) of the Code of Criminal Procedure.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail granted (Anil Kumar Sinha, J) to Umakant Roy in Criminal Miscellaneous No. 35845 of 2025 arising out of Sadar Supaul PS case no. 03 of 2025 dated 03.01.2025, disclosing offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, following alleged recovery of 11.4 liters of illicit Nepali countrymade liquor from the petitioner's husk house. Grant rested on the petitioner having no criminal antecedent and the recovery being from an open space accessible to all and sundry. Conditions: arrest or surrender before the court below within six weeks; bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Exclusive Special Judge (Excise) Court No. 2, Supaul, subject to Section 482(2) of the Code of Criminal Procedure.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 35845 of 2025

Arising Out of PS. Case No.-3 Year-2025 Thana- Excise P.S. District- Supaul

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

Umakant Roy S/o Budhi Lal Roy @ Buddhi Roy R/o Village- Majhari Ward No. 8, P.S.- Nirmali, District- Supaul

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Baleshwar Kamat, Advocate For the Opposite Party/s : Mr.Nand Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 18-06-2025

Heard learned Counsel for the petitioner and learned APP for the State.

This application, for grant of anticipatory bail, arises out of Sadar Supaul PS case no. 03 of 2025 dated 03.01.2025, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

The prosecution story, as per the First Information report, is that 11.4 liters of illicit nepali countrymade liquor has been recovered from the husk house of the petitioner.

Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of secret information. The petitioner is stated to be having no criminal antecedent. He further submits that the illicit liquor has been recovered from the husk house, situated outside the

Patna High Court CR. MISC. No. 35845 of 2025(2) dt.18-06-2025 2/2

residential house of the petitioner, which is an open space, accessible to all.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is having no criminal antecedent and illicit liquor has been recovered from an open space, accessible to all and sundry, I am inclined to grant the privilege of anticipatory bail to the petitioner.

This application is, accordingly, allowed.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six 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 Exclusive Special Judge (Excise) Court No. 2, Supaul in connection with Sadar Supaul PS case no. 03 of 2025, subject to the condition laid down under Section 482 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J)

rinkee/-

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