Prabhu Kumar @ Prabhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16154 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- SIKARHATTA District- Bhojpur ====================================================== 1.

Prabhu Kumar @ Prabhu Paswan Son of Shiv Shankar Paswan Resident of Village- Harpur, Police Station- Sikarhatta in the District of Bhojpur 2.

Raj Kumar Ram @ Raj Kumarwa Son of Shiv Shankar Pawan Resident of Village- Harpur, Police Station- Sikarhatta in the District of Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-03-2024

1. 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 Excise Act.

3. Learned counsel for the petitioners submits that the petitioners are person with clean antecedent and allegation is of recovery of 295 liters of liquor from a place near Banas river.

4. Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even the alleged recovery is from a place which does not belong to the

Patna High Court CR. MISC. No.16154 of 2024(2) dt.13-03-2024 2/2 petitioners and is accessible to public at large and they came to be implicated at the instance of Chowkidar with whom they is on an inimical term.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sikarhatta P.S. Case No. 12 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T