Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23906 of 2024 Arising Out of PS. Case No.-1253 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Upendra Yadav son of Bhagirath Yadav RESIDENT OF VILLAGESHANKAR SHARAIYA TOLA, PARSAUNA PS- TUKAULIYA, DISTEAST CHAMPARAN 2.

RAJKUMAR YADAV SON OF BIRENDRA YADAV RESIDENT OF VILLAGE- SHANKAR SHARAIYA TOLA, PARSAUNA PSTUKAULIYA, DIST- EAST CHAMPARAN 3.

BHEEKHAR YADAV @ RANJAN KUMAR SON OF SHIV YADAV RESIDENT OF VILLAGE- SHANKAR SHARAIYA TOLA, PARSAUNA PS- TUKAULIYA, DIST- EAST CHAMPARAN 4.

RAJKUMAR SON OF HIRAMAN YADAV CHIUTAHI GAGALWA TOLA, PS- TURKAULIYA, DIST- EAST CHAMPARAN 5.

RAJENDRA KUMAR SON OF RAMNARESH YADAV CHIUTAHI GAGALWA TOLA, PS- TURKAULIYA, DIST- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-04-2024

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 offences punishable under Sections 272, 273 and 34 of the IPC read with Sections 30(a), 36 and 41(i) of the Bihar Excise Act.

3. Learned counsel for the petitioners submits that the petitioner no. 1 has antecedent of one case, petitioner no. 2 has

Patna High Court CR. MISC. No.23906 of 2024(2) dt.02-04-2024 2/3 antecedent of three cases and petitioner no. 4 has antecedent of two cases while petitioner no. 3 and 5 are person with clean antecedent and allegation is of recovery of 235 liters of spirit from a place near the field of Jawahir Singh.

4. Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even the alleged recovery is from a place which does not belong to the petitioners and they came to be implicated at the instance of the informant. It is further submitted that it appears that the informant and the police in order to save the real culprits falsely implicated the petitioners taking advantage of their antecedent.

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

6. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen 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

Patna High Court CR. MISC. No.23906 of 2024(2) dt.02-04-2024 3/3 Turkauliya P.S. Case No. 1253 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T