Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16683 of 2025 Arising Out of PS. Case No.-67 Year-2024 Thana- Aunsi District- Madhubani ====================================================== Upendra Yadav Son of Ram Avtar Yadav Resident of Village- Nahasa, P.S.- Patauna, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate Mr. Vinod Kumar, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 22-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Aunsi P.S. Case No.67 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. A perusal of the First Information Report and the seizure list would go to show that 102.300 liters of foreign liquor has been recovered from a bus and the driver of the said bus was arrested on the spot.

4. Learned counsel for the petitioner submits that name of the petitioner has surfaced in the present case on account of the fact that he is the owner of the seized bus. It has further been submitted that there is no recovery from the

Patna High Court CR. MISC. No.16683 of 2025(2) dt.22-04-2025 2/2 physical or conscious possession of the petitioner and the petitioner has no knowledge whatsoever about the liquor which was being carried in the bus.

5. Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the abovementioned facts and circumstances 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 Additional District and Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Aunsi P.S. Case No.67 of 2024, 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) arvind/- U T