Upendra Yadav @ Upendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2471 of 2025 Arising Out of PS. Case No.-170 Year-2021 Thana- ASANWA District- Siwan ====================================================== Upendra Yadav @ Upendra Kumar S/O Shyam Narayan Yadav Resident of village- Madheshilapur ( Madeshilapur), P.S- Andar, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Pandey For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-02-2025
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 Asaon Police Station Case No. 170 of 2021, dated 16.11.2021, disclosing offence under Sections 272/273/308 of the Indian Penal Code and Sections 30(a)/41(i) of the Bihar Prohibition and Excise Act, 2016.
3. The prosecution case, as per the First Information Report, is that on 16.12.2021, the police got secret information that two persons were coming from Mairwa to Tiyan on a motorcycle, started vehicle check and saw one motorcycle was coming upon which two persons were sitting. Upon seeing the police, they tried to flee away but the police apprehended the pillion rider along with a
Patna High Court CR. MISC. No.2471 of 2025(2) dt.12-02-2025 2/3 bag containing illicit liquor; while the person who was driving the motorcycle succeeded in fleeing away along with the motorcycle. The police recovered 8.64 litres of illicit foreign liquor.
4. Learned Counsel for the petitioner submits that the petitioner is having no criminal antecedent and he has been made accused in this case on the basis of disclosure of his name by the arrested co-accused person. From perusal of the First Information Report and the seizure list, it appears that registration number of the motorcycle in question has not been mentioned in the First Information Report and/or seizure list.
5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that illicit liquor has not been recovered from the conscious possession and/or vehicle belonging to the petitioner, he is not having any criminal antecedent and his name transpired in this case by the arrested coaccused person, 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
Patna High Court CR. MISC. No.2471 of 2025(2) dt.12-02-2025 3/3 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, Siwan, in connection with Asaon Police Station Case No. 170 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √