Pramod Kumar @ Pramod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23321 of 2021 Arising Out of PS. Case No.-803 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== 1.

Pramod Kumar @ Pramod Yadav S/o Kewal Yadav R/o villageShankarpura, P.S.- Madhepura and District- Madhepura 2.

Rounak Kumar S/o Ashok Yadav @ Ashok Kumar Yadav R/o villageShankarpura, P.S.- Madhepura, Distt.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-03-2022 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 Section 30(a) of the Bihar Prohibition & Excise Act.

Patna High Court CR. MISC. No.23321 of 2021(5) dt.30-03-2022 2/3 There is recovery of 50 litres of spirit from the courtyard of the petitioners.

It is submitted by learned counsel for the petitioners that petitioners have falsely been implicated in this case due to village politics. The petitioners were not apprehended from the spot. Nothing has been recovered from the possession of the petitioners. There is no evidence on record to prove that the alleged recovered spirit was stored for the purposes of manufacturing illicit liquor. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-

Patna High Court CR. MISC. No.23321 of 2021(5) dt.30-03-2022 3/3 Special Judge, Excise Act, Madhepura in connection with Excise Case No. 214 of 2020(arising out of Excise Case No. 803 of 2020), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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