Patna High Court
Upendra Turi @ Upendra ToriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court held that bail should be granted as the accused was merely a driver with no direct involvement in the possession of the illicit liquor.
Summary
The petitioner, Upendra Turi, a truck driver, was arrested in connection with the seizure of 4008.96 litres of illicit foreign liquor and 851.745 litres of rum, alleged under several sections of the Indian Penal Code and the Bihar Prohibition and Excise Act. He claimed innocence, stating he had no criminal antecedent and no possession of the seized liquor. The prosecution opposed bail, citing the seriousness of the offences. The court examined the facts, noting the petitioner’s role merely as a driver and lack of incriminating evidence against him. Considering these circumstances, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- What is the appropriateness of granting bail to the accused under Sections 274, 275, 338, 336(3), 317(5), 111 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act?
Legislation cited
- Indian Penal Code — s. 111, 274, 275, 317(5), 336(3), 338
Subjects
- bail
- illicit liquor
- driver
- prohibition act
- Indian Penal Code
- criminal antecedent
- seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13986 of 2026
Arising Out of PS. Case No.-96 Year-2025 Thana- Fakuli District- Muzaffarpur
======================================================
Upendra Turi @ Upendra Tori Son of Late Suresh Tori Resident of Village -
Jailmadha 07, BCCL, P.S.- Jora Pokhar, District - Dhanbad (Jharkhand). At
present resident of Chandan Nagar, Jilebiya More, P.S.- Belhar, District -
Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Alok
For the Opposite Party/s : Mr.Damodar Prasad Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Fakuli P.S. Case No. 96
of 2025 registered under Sections-274, 275, 338, 336(3), 317(5),
111, 3(5) B.N.S. and 30(a) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that 4008.960
litres of illicit foreign liquor and 851.745 litres of rum was
recovered from the truck.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and he has falsely been implicated
in this case. The petitioner has got no criminal antecedent.
Nothing incriminating has been recovered from the conscious
Patna High Court CR. MISC. No.13986 of 2026(3) dt.01-04-2026
2/2
possession of the petitioner. The petitioner has no concern at all
from the recovered illicit liquor in question. The petitioner is in
custody since 22.12.2025. The petitioner is merely the driver of
the truck.
5. Learned APP has opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
the like amount each to the satisfaction of the Court
below/concerned Court, Muzaffarpur in connection with Fakuli
P.S. Case No. 96 of 2025.
(Ansul, J)
A.K.V.//-
U T
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