Bullet Yadav @ Bullet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4715 of 2025 Arising Out of PS. Case No.-376 Year-2024 Thana- UCHKAGAON District- Gopalganj ====================================================== Bullet Yadav @ Bullet Kumar Son of Prabhu Yadav @ Prabhu Chaudhari Resident of Village- Jamsar, P.S.- Uchkagaon, District- Gopalganj,Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indrajeet Bhushan For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-04-2025

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Uchakagaon Police Station Case No. 376 of 2024, dated 06.11.2024, disclosing offences under Sections 317(5)/3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 30(a)(b) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that on 06.11.2024, the police got secret information that the petitioner, along with other co-accused persons,

2/4 were coming from U.P. on a Scorpio vehicle after purchasing illicit liquor in order to supply the same to other liquor traders. Upon this information, the police started vehicle search and saw a vehicle coming and when the police signalled to stop, upon seeing the police, the vehicle turned around and tried to flee away, but the vehicle overturned in a ditch and 4-5 persons came out of the vehicle and started fleeing away and also succeeded in the same and were identified by the local Chowkidar as the petitioner and others. On search of the vehicle, 345 litres of country-made liquor was recovered by the police.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of disclosure of his name by the local chowkidar. He further submits that the petitioner has got no concern with the illicit liquor recovered inasmuch as the petitioner is neither the owner nor the driver of the vehicle from where illicit liquor has been recovered. The police, in the First Information Report, has suspected that the vehicle may be stolen one, but no separate First Information Report has been lodged

3/4 regarding the theft of the vehicle in question. He further submits that similarly situated co-accused persons, namely, Yogesh Yadav and Sandip Kumar, have been granted anticipatory bail by this Court, vide order, dated 17.03.2025, passed in Criminal Misc. Nos. 4826 and 5480 of 2025.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the illicit liquor has not been recovered from the conscious possession and/or the vehicle belonging to the petitioner and similarly situated co-accused persons have been granted anticipatory bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. 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 each to the satisfaction of learned Exclusive Special Excise Court No. I, Gopalganj, in connection with Uchkagaon Police Station Case No. 376 of 2024,

4/4 subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √