Umesh Kumar @ Umesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62301 of 2025 Arising Out of PS. Case No.-467 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Umesh Kumar @ Umesh Yadav S/o- Duwarik Yadav Resident of VillageRengaini, P.S.- Fatehpur, District- Gaya, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Man Mohan Kumar For the Opposite Party/s :
Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-09-2025
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 Nawada Excise Police Station Case No. 467 of 2024, dated 02.07.2024, disclosing offences under Sections 30(a)/47 of the Bihar Prohibition and Excise Act.
3. The prosecution story, as per the First Information Report, is that on 02.07.2024, on secret information, the police reached near Chitar Ghatti Railway Gumti under Hisua Police Station and intercepted a Bolero vehicle carrying illicit liquor. On seeing the police, the driver left the vehicle on the road and fled away. Upon search, 670 litres of country-made liquor was recovered from the said Bolero.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.62301 of 2025(2) dt.24-09-2025 2/3 petitioner is not named in the First Information Report and he has falsely been implicated in the present case only because he happens to be the registered owner of the said Bolero vehicle, bearing Reg. No. DI12-E-7112. He next submits that the vehicle, from where illicit liquor has been recovered, is a commercial vehicle and was being plied by his driver on hire basis and the petitioner had no knowledge about the illicit liquor being kept therein. The petitioner has got no criminal antecedent.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner has been made accused only because he happens to be the registered owner of the vehicle, which was a commercial vehicle and was being driven by his driver on hire basis, 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 or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special
Patna High Court CR. MISC. No.62301 of 2025(2) dt.24-09-2025 3/3 Court, Excise-2, Nawada, in connection with Nawada Police Station Case No. 467 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T