Uttam Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42551 of 2025 Arising Out of PS. Case No.-204 Year-2021 Thana- KATEYA District- Gopalganj ====================================================== Uttam Kumar Pandey, S/o Late Parmatma Pandey, Resident of VillageKaranpura, PS- Kuchaikote, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Dubey, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Kateya P.S. Case No. 204 of 2021 for the offence registered under Section 30(a) of Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, 32 litres country made wine was recovered from the motorcycle which was kept in a gunny bag at Mahanthwa village near Paka road. It is alleged that the motorcycle rider was managed to escape.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner was neither present on the spot nor any incriminating article has been recovered from the conscious possession of the petitioner. The name of the petitioner transpired in the FIR as owner of the seized motorcycle but he sold the same to one Manoj

Patna High Court CR. MISC. No.42551 of 2025(3) dt.30-08-2025 2/2 Kumar Yadav on 20.01.2011 in this regard he has submitted certificate annexed as Annexure- 2 to this petition. He further submits that the police also investigated the same which is the part of the case diary. Petitioner has no criminal antecedent as stated in paragraph no. 3 of the bail petition. He undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon 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-XIIIth-cum-Special Judge Excise Court No. 1, Gopalganj, in connection with Kateya P.S. Case No. 204 of 2021, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) khushbu/- U T