Pradip Sardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20096 of 2022 Arising Out of PS. Case No.-25 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== 1.

Pradip Sardar, Son Of Late Chhabilal Sardar Resident Of Village - Gonha, Ward No.01, P.S.- Triveniganj, Distt.- Supaul. 2.

Janardan Sardar Son Of Late Bhagwat Sardar Resident Of Village - Gonha, Ward No.01, P.S.- Triveniganj, Distt.- Supaul. 3.

Bindeshwari Sardar @ Bina Sardar @ Bindeshw Sardar Son Of Late Baldeo Sardar Resident Of Village - Gonha, Ward No.01, P.S.- Triveniganj, Distt.- Supaul.

4.

Shobhanand Sardar Son Of Late Bhagwat Sardar Resident Of Village - Gonha, Ward No.01, P.S.- Triveniganj, Distt.- Supaul. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Bhim Kumar Yadav For the Opposite Party/s :

Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-07-2022 The learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application against petitioner no.2 as he has died.

Permission is accorded.

Accordingly, instant petition is dismissed as having become infructuous.

Heard learned counsel for the petitioners and the learned APP for the State.

The petitioner nos.1, 3 and 4 seek bail in anticipation of their arrest in a case registered for the offences punishable

Patna High Court CR. MISC. No.20096 of 2022(2) dt.29-07-2022 2/3 under Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the allegation is recovery of 04 litre of liquor each from a place behind the house of the petitioners.

The learned counsel for the petitioners submits that the petitioners were not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that the place from where the alleged recovery was made also does not belong to the petitioners and the said place is an open place, which is accessible to the public at large. The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners and the fact that the petitioners are men of clean antecedent, the petitioner nos.1, 3 and 4, abovenamed, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with

Patna High Court CR. MISC. No.20096 of 2022(2) dt.29-07-2022 3/3 Triveniganj P. S. Case No.25 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T