Patna High CourtCR. MISC./71449/2025bail rejected

Upendra Kumar @ Upendra Yadav v. The State Of Bihar

2025-10-15Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71449 of 2025 Arising Out of PS. Case No.-590 Year-2025 Thana- FATEHPUR District- Gaya ====================================================== Upendra Kumar @ Upendra Yadav Son of Lalu Yadav @ Lallu Yadav R/o Village - Bagai, P.S.- Gurpa, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Onkar Nath, Advocate For the State :

Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-10-2025 Heard Mr. Onkar Nath, learned counsel for the petitioner and learned APP representing the State.

2. The petitioner is apprehending his arrest in connection with Fatehpur P.S. Case No. 590 of 2025 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, lodged on 14.08.2025 by the informant, Vijay Yadav.

3. As per the prosecution story, the Police on secret information intercepted four motorcycles and there is recovery/seizure of 700 liters country made mahua, the Chowkidar named him. This led to the implication of the petitioner in the present case.

4. Learned counsel for the petitioner submits that only because the Chowkidar has named, he got implicated. Further,

Patna High Court CR. MISC. No.71449 of 2025(2) dt.15-10-2025 2/2 he does not own any of the vehicle.

5. Learned APP opposes the prayer and has taken this Court to paragraph no.3 to show that he has six criminal antecedents of the same nature, one of which has been lodged in the year 2025 itself.

6. Though the petitioner do not own the vehicle, the criminal antecedent in paragraph no.3 of the petition prohibits this Court from granting relief to him. The anticipatory bail application stands rejected.

7. However, if the petitioner surrenders within a period of four weeks, files bail application, the court concerned shall consider the matter and dispose it of preferably on the same day.

(Rajiv Roy, J) vinayak/- U T