Utam Yadav @Utam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14314 of 2024 Arising Out of PS. Case No.-568 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== 1.

Utam Yadav @Utam Kumar Son Of Dindeyal Yadav Resident Of VillageShahpur, Ps- Shahpur, Distt- Bhojpur. 2.

Abhishek Yadav Son Of Dindeyal Yadav Resident Of Village- Shahpur, PsShahpur, Distt- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Adv.

For the State :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 25.920 liters of liquor near a temple.

4. Learned counsel for the petitioners submits that petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place, which is accessible to public at large

Patna High Court CR. MISC. No.14314 of 2024(2) dt.07-03-2024 2/2 and does not belongs to the petitioners, it is next submitted that they came to be implicated by one Suryanath Singh a villager with whom they are on an inimical term, when petitioners admittedly are persons with clean antecedent.

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

6. Considering the submissions made by the learned counsel for the petitioners, 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. 500/- (Rupees Ten 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 Shahpur P.S. Case No. 568 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Arish/- U T