Uday Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12094 of 2025 Arising Out of PS. Case No.-499 Year-2021 Thana- BEUR District- Patna ====================================================== Uday Kumar Son of Rameshwar Ray @ Ramashray Ray Resident of VillageAtwarpur, P.S.- Parsa Bazaar, Distt.- Patna ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Khushi Awadh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (Amended).

3. A perusal of the first information report and the seizure list would go to show that a total 100 liters of country made liquor has been recovered from a tempo. Two persons, who were riding the said tempo, managed to escape despite chase being made by the police.

4. Learned counsel for the petitioner submits that the name of the petitioner has surfaced in this case on the ground that he is the owner of the seized tempo. It is, however, stated that the said tempo was sold to one Ramadhar Kumar much

Patna High Court CR. MISC. No.12094 of 2025(3) dt.09-05-2025 2/2 prior to the date of the occurrence. It has further been submitted that the petitioner lives outside Patna for his livelihood and has no criminal antecedent. No recovery has been made from conscious or physical possession of the petitioner.

5. Taking into consideration the abovementioned facts and circumstances of the case and further that the petitioner has no criminal antecedent, I am inclined to extend the privilege of anticipatory bail to the petitioner. Let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned 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 Beur P.S. Case No.499 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to the further condition that the petitioner shall cooperate in the investigation/trial.

(Soni Shrivastava, J) Trivedi/- U T