Umashankar Rai @ Nanhak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15028 of 2025 Arising Out of PS. Case No.-81 Year-2020 Thana- BARAULI District- Gopalganj ====================================================== Umashankar Rai @ Nanhak S/o- Santan Rai Resident of Village- Bala Dhobi Tola PS- Basantpur, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Adesh Raj Singh, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Barauli P.S. Case no.81 of 2024 instituted for the offence under Section 30 (a) of the Bihar Prohibition and Excise Amendment, Act 2018.

3. The case of the prosecution is that altogether 1486.080 liter illegal liquor was recovered from the while colour Pick Up Van. Hence, the present FIR.

4. counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that he has no concern with the alleged recovery. His name has surfaced

Patna High Court CR. MISC. No.15028 of 2025(2) dt.19-04-2025 2/2 as he is only the owner of the said vehicle. Nothing has been recovered from his conscious possession. It is further submitted that while making the seizure, section 100 of the Cr.P.C. has not been followed.

5. Learned APP appearing for the State opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Barauli P.S. Case no. 81 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Gopalganj, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Jagdish/- U T