Mukul Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6140 of 2022 Arising Out of PS. Case No.-319 Year-2021 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

MUKUL KUMAR YADAV Son of Akindra Rai Resident of VillageBelaghat, P.S.- Shikarganj, District- East Champaran. 2.

Bigan Rai Son of Late Ram Swarup Rai Resident of Village- Belaghat, P.S.- Shikarganj, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272 and 273 of Indian Penal Code read with Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of total recovery of 155 litres of liquor from the place of occurrence.

Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing

Patna High Court CR. MISC. No.6140 of 2022(2) dt.01-07-2022 2/2 was recovered from their conscious possession. It is next submitted that the place of occurrence from where the recovery was made is a public place and the petitioners were implicated based on the information provided by the chowkidar with whom they were on an inimical term.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners and the fact that the petitioners are persons with clean antecedent, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 3,000/- (Rupees Three Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chiraiya (Shikarganj) P.S. Case No. 319 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T