Rajhansh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29558 of 2023 Arising Out of PS. Case No.-363 Year-2022 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== 1.

RAJHANSH KUMAR son of Late Bipin Yadav Village- Gyan Tol, PsSahebpur Kamal, dist- Begusarai 2.

Bibhishan Yadav @ Bibhishan Kumar son of Yogi Yadav @ Jogi Yadav Village- Gyan Tol, Ps- Sahebpur Kamal, dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-05-2023 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 petitioner no.1 is a person with clean antecedent and petitioner no.2 has antecedent of one case and allegation is of recovery of 16 litres of liquor from an area near a diyara. 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

Patna High Court CR. MISC. No.29558 of 2023(2) dt.18-05-2023 2/2 submitted that even the alleged recovery is from a place which is accessible to public at large and does not belong to the petitioners and they came to be implicated at the instance of the Chowkidar with whom they are on an inimical term. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with S. Kamal P.S. Case No. 363 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T