Amit Yadav @ Amit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22427 of 2019 Arising Out of PS. Case No.-251 Year-2018 Thana- LAUKAHA District- Madhubani ====================================================== 1.

AMIT YADAV @ AMIT KUMAR YADAV, aged about 32 years, Male, Son of Deo Narayan Yadav Resident of Village - Malin Belha, P.S.- Lalmania, Distt - Madhubani.

2.

Lakhi Yadav @ Kuldip Kumar @ Kuldip Kumar Yadav, aged about 28 years, Male, Son of Late Puram Yadav Resident of Village - Malin Belha, P.S.- Lalmania, District - Madhubani.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Ratanakar Jha, Advocate For the Opposite Party :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 272 and 273 of the of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 8 liters 700 ml. liquor from the courtyard of the house of the petitioners. It is submitted on behalf of the petitioners that the petitioners have falsely been implicated in this case. There is no recovery from the conscious possession of the petitioners. It is further submitted that similarly situated co-accused Kakulni

Patna High Court CR. MISC. No.22427 of 2019(4) dt.24-07-2019 2/2 Devi @ Kakunti Devi has already been granted anticipatory bail by a coordinate Bench of this Court in Cr.Misc.No.24498 of 2019 vide order dated 14.05.2019.

Considering the facts aforesaid, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani /successor Court in connection with Laukaha (Lalmaniya) P.S.Case No.251 of 2018/GR No.1635 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners.

(Prabhat Kumar Singh, J) B.Kr./- U T