Murat Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29367 of 2023 Arising Out of PS. Case No.-259 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== 1.

MURAT YADAV SON OF BHIKHAR RAI R/O-BHOPATPUR NAYAKA TOLA, P.S.-KOTWA, DISTT.-EAST CHAMPARAN 2.

BINOD YADAV SON OF SATYANARAIN YADAV R/O-BHOPATPUR NAYAKA TOLA, P.S.-KOTWA, DISTT.-EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, 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 Sections 30(a), 32 and 41(i) & (ii) 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 5600 liters of spirit from a truck. 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 they came to be implicated based on secret

Patna High Court CR. MISC. No.29367 of 2023(2) dt.18-05-2023 2/2 information, when admittedly they are persons with clean antecedent, it is further submitted that it appears that the police in order to save real culprits falsely implicated the petitioners. It is next submitted that petitioners are not the owners of the truck. 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 Excise P.S. Case No. 259 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T