Golden Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27678 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- NATWAR District- Rohtas ====================================================== 1.

GOLDEN KUMAR S/O BHIKHARI YADAV Resident of Village- Asiyan, P.S.- Natwar, District- Rohtas.

2.

DHANJI YADAV S/O SUDARSHAN YADAV Resident of Village- Asiyan, P.S.- Natwar, District- Rohtas.

3.

MANISH KUMAR @ BHOLU S/O SUDARSHAN YADAV Resident of Village- Asiyan, P.S.- Natwar, District- Rohtas. 4.

TEJ NARAYAN YADAV S/O RADHE KRISHNA YADAV Resident of Village- Asiyan, P.S.- Natwar, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Tripathy For the Opposite Party/s :

Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2023 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 Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioner No. 1 and 3 are persons with clean antecedent and petitioner No. 2 and 4 have antecedent of one case and allegation is of recovery of 60 liters of liquor from a place near Krishna Temple.

Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing

Patna High Court CR. MISC. No.27678 of 2023(2) dt.17-05-2023 2/2 was recovered from their conscious possession, it is next submitted that they came to be implicated based on the secret information which is the easiest way to implicate someone, when the alleged recovery is from a place which is accessible to public at large.

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. 10,000/- (Rupees Ten Thousand) 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 Natwar P.S. Case No. 02 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T