Shivbrat Yadav @ Shivrath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29449 of 2023 Arising Out of PS. Case No.-242 Year-2022 Thana- LAUKAHI District- Madhubani ====================================================== 1.

SHIVBRAT YADAV @ SHIVRATH YADAV SON OF DAYA LAL YADAV Resident of Village- Atari, P.S- Laukahi, District- Madhubani 2.

JITENDRA YADAV S/O DAYA LAL YADAV Resident of Village- Atari, P.S.- Laukahi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Khurshid Anwar, 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 272 and 273/34 of Indian Penal Code and Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioner No. 1 has antecedent of two cases and petitioner No. 2 has antecedent of one case and allegation is of recovery of 378 liters of liquor from a car.

Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, and they came

Patna High Court CR. MISC. No.29449 of 2023(2) dt.18-05-2023 2/2 to be implicated at the instance of local people but then name of the local people is not disclosed in the FIR which creates doubt with regard to the veracity of the allegations as alleged in the FIR, it is also submitted petitioners are not the owners of the seized vehicle and they came to be implicated because of their antecedents in order to save the real culprits. 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. 20,000/- (Rupees Twenty 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 Laukahi (Narahiya O.P.) P.S. Case No. 242 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Adnan/- U T