Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32254 of 2023 Arising Out of PS. Case No.-17 Year-2023 Thana- JAMALPUR District- Darbhanga ====================================================== 1.

SANTOSH YADAV Son of Brahmdev Yadav R/V/Mohalla- Phaursahi, PSJamalpur Dist- Darbhanga 2.

Sanoj Yadav @ Sanoj Kumar Yadav Son of Late Guneshwar Yadav @ Late Ganesh Yadav R/V/Mohalla- Phaursahi, PS- Jamalpur Dist- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SANOJ YADAV@SANOJ KUMAR YADAV LATE GUNESHWAR YADAV LATE GANESH YADAV 000,000,JAMAL PUR BARGAWN OP ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kedar Jha, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 22.800 liters of liquor from cowshed of petitioner No. 2. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is next submitted even the cowshed does not belong to the petitioners but they have been implicated alleging that it belongs to petitioner No. 2, it is further

Patna High Court CR. MISC. No.32254 of 2023(2) dt.24-05-2023 2/2 submitted that they came to be implicated by the chowkidar. It is next submitted that it appears that the chowkidar in order to save the real culprit falsely implicated the petitioners when admittedly they are the persons with clean antecedent.

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

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. 1,000/- (Rupees One 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 Jamalpur (Bargawn O.P.) P.S. Case No. 17 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Adnan/- U T