Rupesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18474 of 2021 Arising Out of PS. Case No.-389 Year-2020 Thana- KOTWA District- East Champaran ====================================================== 1.

Rupesh Yadav Son Of Tulan Yadav Village Laxaminiya, P.S. Kotwa, District East Champaran 2.

Tulan Yadav Son Of Late Baldeo Yadav Village Laxaminiya, P.S. Kotwa, District East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kant Singh For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-02-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition & Excise Act.

Patna High Court CR. MISC. No.18474 of 2021(6) dt.15-02-2022 2/3 There is recovery of 800 litres of spirit used for manufacturing illicit country made liquor from the house of the petitioners.

It is submitted by learned counsel for the petitioners that petitioners were not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Considering the fact that illicit liquor has been recovered from the house of the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners. The prayer for anticipatory bail of the petitioners stands rejected.

The petitioners are directed to surrender before learned Court below within a period of four weeks from today and pray for regular bail which may be considered by the learned Court below without being prejudiced by the order of this Court.

Patna High Court CR. MISC. No.18474 of 2021(6) dt.15-02-2022 3/3 With the aforesaid observation/direction the petition stands disposed off.

(Sunil Kumar Panwar, J) Shageer/- U T