Allowed¶28

Ugesh Kumar Prasad @ Ugesh Kumar v. The State of Bihar

Patna HC11 Aug 2025CR. MISC./51095/2025

Case brief

AI extract

What is this about?

Ugesh Kumar Prasad @ Ugesh Kumar; anticipatory bail; Siwan Excise P.S. Case No. 322 of 2025; Bihar Prohibition and Excise Act, 2022 S.30(a) S.32(3); 234 liters liquor recovered from two motorcycles; CR. MISC. No.51095 of 2025; Patna High Court; Justice Sourendra Pandey; decided 11-08-2025; bail-bond Rs. 10,000 with two sureties; Section 438(2) CrPC read with Section 482(2) BNSS; close-relative bailor; trial attendance; antecedent verification.

What did the court decide?

Release on anticipatory bail in the event of arrest or surrender before the Court below within four weeks, on furnishing bail-bond of Rs. 10,000/- with two sureties of the like amount each, subject to Section 438(2) CrPC / corresponding Section 482(2) BNSS conditions and the additional conditions imposed by the Court. ¶28

Ugesh Kumar Prasad @ Ugesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Siwan Excise P.S. Case No. 322 of 2025 for offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2022, should be released on anticipatory bail.

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Court's answer

The petitioner is directed to be released on anticipatory bail, in the event of arrest or surrender before the 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) of the Code of Criminal Procedure read with corresponding Section 482(2) of BNSS and further conditions imposed by the Court.

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Ratio / Principle

Bail is made subject to conditions including: one bailor being a close relative; the petitioner remaining physically present in Court on each trial date; the bail bond being liable to cancellation on absence on two consecutive dates or violation of bail terms; liberty to the prosecution to move for cancellation if the petitioner is found involved in a similar offence; and verification of the petitioner's criminal antecedents by the Court below with cancellation steps if antecedents are concealed — however, acceptance of bail bonds shall not be delayed for purposes of or in the name of such verification.

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Key takeaways

The prayer for (anticipatory) bail is allowed.ratio¶28

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Sourendra Pandey, J) allowed the prayer for anticipatory bail of the petitioner apprehending arrest in Siwan Excise P.S. Case No. 322 of 2025 registered for offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2022, in which, per the prosecution case, 234 liters of liquor were recovered from two intercepted motorcycles (one seized motorcycle stated by petitioner's counsel to belong to the petitioner). Release was ordered in the event of arrest or surrender within four weeks on a bail-bond of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of BNSS and additional conditions: one bailor to be a close relative; physical presence in Court on each trial date; bail bond liable to cancellation on absence on two consecutive dates or violation of terms; liberty to prosecution to seek cancellation upon involvement in a similar offence; and verification of criminal antecedents by the Court below, without delaying acceptance of bail bonds for such verification.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51095 of 2025

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Arising Out of PS. Case No.-322 Year-2025 Thana- Excise P.S. District- Siwan

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

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Ugesh Kumar Prasad @ Ugesh Kumar S/o Seshnath Prasad R/o vill- Akholi, P.S.- Mairwa Dist- Siwan

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Kumari Anupam, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

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2 11-08-2025

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) and 32(3) of Bihar Prohibition and Excise Act, 2022.

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3. As per the prosecution case, the police intercepted two motorcycles and total 234 liters of liquor were recovered from the said motorcycles.

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4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that he was not apprehended at the place of occurrence and he has no concern whatsoever with the recovered liquor. It has next submitted that one of the motorcycle which was seized belongs to the petitioner and only

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Patna High Court CR. MISC. No.51095 of 2025(2) dt.11-08-2025 2/3

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because he happens to be the owner, he has been implicated in this case. It has lastly been submitted that petitioner has clean antecedent.

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5. The learned A.P.P. for the State has vehemently opposed the prayer for bail.

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6. Considering the aforesaid submissions, the petitioner, above named, is directed to be released on anticipatory bail, in the event of arrest or surrender before the 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 Siwan Excise P.S. Case No. 322 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of BNSS as well as subject to the following conditions:-

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(i) One of the bailors of the petitioner shall be his close relative.

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(ii) The petitioner shall remain physically present in Court on each date of the trial.

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(iii) In case of absence on two consecutive dates, or

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Patna High Court CR. MISC. No.51095 of 2025(2) dt.11-08-2025 3/3

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in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

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(v) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.

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(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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7. Accordingly, the prayer for bail is allowed.

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(Sourendra Pandey, J)

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Siwani/-

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U T

Ugesh Kumar Prasad @ Ugesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ugesh Kumar Prasad @ Ugesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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