Manoj Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.435 of 2019 Arising Out of PS. Case No.-47 Year-2018 Thana- KURSAKANTA District- Araria ======================================================

1. Manoj Yadav, son of Piru Yadav

2. Mahanand Yadav, son of Rambriksh Yadav

3. Chandan Yadav, son of Baidhya Nath Yadav All are resident of village - Mal Parasi

4. Ram Bilash Sada, son of Late Darogi Sada, resident of Village- Jagir Parasi All are of P.S. - Sonamani Gudam, Distt - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-01-2019 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 offence punishable under Section 30A of the Bihar Prohibition and Excise Act, 2016.

Submission is that nothing was recovered from possession of the petitioners nor they have got any criminal antecedent. The liquor was recovered from possession of coaccused in whose confession name of the petitioner surfaced. Considering the fact that there is no direct evidence against the petitioners and they have got no criminal antecedent, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days

Patna High Court Cr.Misc. No.435 of 2019(2) dt.28-01-2019 2/2 from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Kursakanta (Sonamani Gudam) Police Station Case No. 47 of 2018 corresponding to Special Case No. 272 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 bond of the petitioners as well as conditions that both the bailors shall be the local resident of the territorial jurisdiction of the learned court below. (Birendra Kumar, J) Kundan/Rajan U T