Kameshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28213 of 2021 Arising Out of PS. Case No.-479 Year-2020 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

Kameshwar Yadav S/o Ramnarayan Yadav R/o village- Masarh Tola, P.S.- Udwant Nagar, District- Bhojpur 2.

Chandeshwar Yadav S/o Ramnarayan Yadav R/o village- Masarh Tola, P.S.- Udwant Nagar, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Pandey For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2022 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. There is recovery of 140 litres of illicit country

Patna High Court CR. MISC. No.28213 of 2021(2) dt.02-02-2022 2/3 made liquor. The petitioner is alleged to have fled away from the place of seizure.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized contraband. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the aforestated facts, let the petitioner, above named, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IVcum-Special Judge, Excise, Bhojpur at Ara in connection with Excise Case No. 1940 of 2020, arising out of Udwant Nagar P.S. Case No. 479 of 2020, subject to

Patna High Court CR. MISC. No.28213 of 2021(2) dt.02-02-2022 3/3 the conditions as laid down under Section 438(2) of the Cr.P.C.

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