Harendra Yadav @ Harendra Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Harendra Yadav @ Harendra Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, upon arrest or surrender before the court below within four weeks, to be released on bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of learned Exclusive Special Excise Court No. II, Gopalganj, in connection with Kuchaikote Police Station Case No. 394 of 2024, subject to the condition under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner should be granted anticipatory bail in Kuchaikote Police Station Case No. 394 of 2024 involving offences under Section 317(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Court's answer

Considering that the petitioner has no criminal antecedent, his name transpired in the case through an arrested co-accused person, and he is not the registered owner of the vehicle, the court was inclined to grant him the privilege of anticipatory bail.

Ratio / Principle

The anticipatory bail application is allowed: in the event of arrest or surrender before the court below within four weeks, the petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court No. II, Gopalganj, subject to the condition laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail allowed. Application arose out of Kuchaikote Police Station Case No. 394 of 2024 (dated 16.09.2024), District Gopalganj, disclosing offences under Section 317(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, following recovery of 270 litres of illicit liquor from a Bolero vehicle whose apprehended driver disclosed the loaded vehicle was handed over to him by the petitioner in Uttar Pradesh. Noting that the petitioner has no criminal antecedent, his name transpired in the case through an arrested co-accused, and he is not the registered owner of the vehicle, the Court granted anticipatory bail: upon arrest or surrender within four weeks, release on a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of Exclusive Special Excise Court No. II, Gopalganj, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7026 of 2025

Arising Out of PS. Case No.-394 Year-2024 Thana- KUCHAIKOTE District- Gopalganj

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

Harendra Yadav @ Harendra Son of Jhulan yadav Resident of Vill -Daniyari P.S -Tareya Sujan Dist -kushinagar Uttar Pradesh

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Umesh Kumar Singh For the Opposite Party/s : Mr.Pronoti Singh ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 21-03-2025 1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Kuchaikote Police Station Case No. 394 of 2024, dated 16.09.2024, disclosing offence under Section 317 (5) of the Bhartiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that the police, during vehicle check, stopped one Bolero vehicle, but the driver of the said vehicle tried to flee away, however, he was apprehended by the police. On search of the vehicle, the police recovered 270 litres of illicit liquor from the same. The apprehended person

Patna High Court CR. MISC. No.7026 of 2025(2) dt.21-03-2025 2/3

disclosed that the vehicle, loaded with illicit liquor, was handed over to him by the petitioner in Uttar Pradesh for going to Gopalganj.

Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the disclosure of his name by the arrested coaccused person. He further submits that the petitioner has got no concern either with the illicit liquor recovered or the vehicle in question inasmuch as he is not the registered owner of the vehicle in question. He further submits that the petitioner has got no criminal antecedent.

Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the petitioner has got no criminal antecedent, his name transpired in this case by the arrested co-accused person and he is not the registered owner of the vehicle, in question, 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/-

Patna High Court CR. MISC. No.7026 of 2025(2) dt.21-03-2025 3/3

(ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. II, Gopalganj, in connection with Kuchaikote Police Station Case No. 394 of 2024, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J.)

Prabhakar Anand/-

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