Yogendra Das @ Jogindar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24238 of 2022 Arising Out of PS. Case No.-94 Year-2018 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.

Yogendra Das @ Jogindar Das Son Of Rudal Das R/O Village- Koirgwan Bin Toli, P.S.- Sangrampur, District- East Champaran At Motihari 2.

Hakim Mahto Son Of Bigu Mahto R/O Village- Koirgwan Bin Toli, P.S.- Sangrampur, District- East Champaran At Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

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

Learned counsel for the petitioners seeks permission to withdraw the petition with regard to petitioner No. 2 namely Hakim Mahto since he has been arrested.

Patna High Court CR. MISC. No.24238 of 2022(2) dt.01-09-2022 2/3 Permission is accorded.

Accordingly, the petition with regard to petitioner No. 2 is permitted to be withdrawn. There is recovery of 455 litres of country made liquor. The petitioner No. 1 is alleged to have fled away from the place of seizure.

It is submitted by learned counsel for the petitioner No. 1 that he was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner No. 1. He has no concern with the seized illicit liquor. A statement has been made in para 3 of the petition that petitioner No. 1 has one other criminal antecedent apart from the present one. In the facts and circumstance of the case, let the petitioner No. 1, 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

Patna High Court CR. MISC. No.24238 of 2022(2) dt.01-09-2022 3/3 each to the satisfaction of learned Exclusive Special Excise Court No. 1, East Champarn at Motihari in connection with Sangrampur P.S. Case No. 94 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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