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2025 DAILYLAW 111459 (PAT)

Uma Shankar Yadav v. The State of Bihar

CR. MISC./72215/2025 · 2025-10-16

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72215 of 2025 Arising Out of PS. Case No.-324 Year-2025 Thana- MANJHI District- Saran ====================================================== Uma Shankar Yadav Son of Late Latruman Yadav @ Late Suman Yadav Resident of Village - Gangapur, P.S.- Siswan, Dist.- Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 16-10-2025 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 Manjhi Police Station Case No. 324 of 2025, dated 08.08.2025, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution story, as per the written report, is that on 08.08.2025, the police, during patrolling and vehicle checking near Mohammadpur bridge, saw one motorcycle approaching and when signaled to stop, the rider abandoned the motorcycle and fled away. The Mahal Chowkidar disclosed his name as Rajkumar Chaudhary. Upon search of the motorcycle, bearing Reg. No. BR29BE1357, a total of 7 liters of country-made liquor Patna High Court CR. MISC. No.72215 of 2025(2) dt.16-10-2025 2/3 was recovered from the bag tied to its handle. 4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present merely because he happens to be the registered owner of the said motorcycle. He next submits that the motorcycle, from where illicit liquor has been recovered, was borrowed by Rajkumar Choudhary for urgent work who fled away from the spot and was identified by the local chowkidar 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 motorcycle, 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 Patna High Court CR. MISC. No.72215 of 2025(2) dt.16-10-2025 3/3 each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra, in connection with Manjhi Police Station Case No. 324 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. ashwani/- (Anil Kumar Sinha, J) U T