Subash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9313 of 2020 Arising out of PS. Case No.-193 Year-2019 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.

SUBASH YADAV Son of Ram Nath Yadav @ Chirkut Yadav Resident of Village - Koinee, P.S.- Manjhagarh, Distt - Gopalganj. 2.

Dharmendra Yadav Son of Ram Nath Yadav @ Chirkut Yadav Resident of Village - Koinee, P.S.- Manjhagarh, Distt - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-02-2020 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners apprehend their arrest in connection with Manjhagarh P.S. Case No. 193 of 2019 registered for the offences punishable under Sections 414 and 420/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that there is recovery of 41.400 litres of foreign liquor from the XUV 500 vehicle. He further submits that there is no recovery from the conscious possession of the petitioners and the petitioners have no criminal antecedent. He also submits that the said vehicle

Patna High Court CR. MISC. No.9313 of 2020(3) dt.29-02-2020 2/2 does not belong to the petitioners and only on the basis of confessional statement of the co-accused the petitioners have been made accused in this case.

In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners, subject to the condition that the petitioners are agreed to deposit Rs. 10,000/- (Ten Thousand) each in the Juvenile Justice Fund of the State Social Welfare Department and on deposit of the aforesaid amount, in the event of his arrest or surrender before the court below within six weeks from the date of communication of this order, the court below shall release them on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of 2nd Additional District & Sessions Judge-cumSpecial Judge, Gopalganj in connection with Manjhagarh P.S. Case No. 193 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Vikash/- U T