Banti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22091 of 2024 Arising Out of PS. Case No.-491 Year-2023 Thana- Excise P.S. District- Madhepura ====================================================== 1.

Banti Kumar Son of Suresh Yadav Resident of Village- Sahugardh (Sahugarh), Ward No. 12, P.S.- Madhepura, District- Madhepura 2.

Amresh Kumar @ Amaresh Kumar Son of Biresh Yadav Resident of Village- Sahugardh (Sahugarh), Ward No. 12, P.S.- Madhepura, DistrictMadhepura 3.

Sumit Kumar @ Sumeet Kumar Son of Dinesh Yadav Resident of VillageSahugardh (Sahugarh), Ward No. 10, P.S.- Madhepura, District- Madhepura 4.

Suman Kumar Son of Ranveer Yadav Resident of Village- Sahugardh (Sahugarh), Ward No. 10, P.S.- Madhepura, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar For the Opposite Party/s :

Ms. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-03-2024

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 offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

3. Learned counsel for the petitioners submits that petitioner no.1, 2 and 3 have antecedent of one case and petitioner no.4 is a person with clean antecedent and allegation is of recovery of 835.560 litres of liquor from a tube well in the house of Sanjay Yadav. It is next submitted that petitioners were

Patna High Court CR. MISC. No.22091 of 2024(2) dt.29-03-2024 2/2 not arrested from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the petitioners and they have no concern or relation with Sanjay Yadav and they came to be implicated based on secret information which is the easiest way to implicate someone.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees five 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 Madhepura Excise P.S. Case No.491/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T