Pandit Yadav @ Punit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 17422 of 2020 Arising Out of PS. Case No 806 Year2019 Thana- Naubatpur District- Patna ======================================================

1. Pandit Yadav @ Punit Kumar (male) aged about 25 years son of Laurik Yadav @ Laurik Rai resident of village Kardaha P.S. Naubatpur, Distt. Patna.

2. Manoj Kumar @ Manoj Paswan (male ) aged about 35 years son of Late Shivdeo Paswan resident of village Mitanchak, P.S. Naubatput, Distt. Patna. ... ... Petitioners

Versus

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

For the Petitioner/ :

Mr. Ghanshyam Tiwary Adv.

For the Opposite Party/s :

Mr. Ram Bachan Singh APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER Heard learned counsel for the petitioners and learned APP 10-09-2020 for the State, through video conferencing.

The petitioners have filed the instant application for grant of anticipatory bail apprehending their arrest in connection with Special Case No. 11448 of 2019 arising out of Naubatpur P.S. Case No. 806 of 2019 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on secret information having been received about sale of illicit liquor, a raid was conducted. While two persons were caught, 8-9 persons managed to escape. A total of 75 litres of illicit liquor was recovered. It is further stated that one of the persons caught disclosed the names of nine persons who had managed to escape which included the two petitioners herein. It is submitted by learned counsel for the petitioners that neither the petitioners were got at the place of occurrence nor any

incriminating article has been recovered from their possession. It is further submitted that contrary to the statement in the FIR, the petitioners are neither the owner of the so called motorcycle nor he was the driver thereof. The petitioners have no criminal antecedent. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, and the petitioners not having any criminal antecedent, the Court is inclined to enlarge the petitioners on anticipatory bail. The petitioners are directed to surrender in the Court below within a period of eight weeks from today and in the event of their arrest or surrender in connection with Special Case no. 11448/2019 arising out of Naubatpur P.S. Case No. 806/2019, they shall be enlarged on bail on each of them on furnishing bail bond of Rs. 10,000/ (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) Sushma/- U T