Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20458 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

Umesh Kumar Son of Bindeshwari Singh R/o-Dihri, P.S.-Udwant Nagar in the Distt.-Bhojpur 2.

Akhilesh Kumar Son of Hakim Singh @ Sahdev Singh R/o-Dihri, P.S.- Udwant Nagar in the Distt.-Bhojpur ... ... Petitioners

Versus

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

For the Petitioner/s :

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

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-03-2024 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 persons with clean antecedent and allegation is of recovery of 84 litres of liquor near Shisham orchard. 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.20458 of 2024(3) dt.28-03-2024 2/2 petitioners and they came to be implicated based on secret information which is the easiest way to implicate someone, when admittedly petitioners 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) 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 Udwant Nagar P.S. Case No. 19 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) rishabh/- U T