Dilip Kumar Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56713 of 2017 Arising Out of PS.Case No. -206 Year- 2017 Thana -MEERGANJ District- GOPALGANJ ======================================================

1. Dilip Kumar Yadav, Son of Late Gorakh Yadav.

2. Ranjan Yadav, Son of Paras Yadav. Both Resident of Village-Harkhauli, P.S.-Mirganj, District-Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-12-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Meerganj P.S. Case No. 206 of 2017 instituted for the offence under Sections-272, 273 of the Indian Penal Code and Sections-30(a) and 33 of Bihar Prohibition and Excise Act, 2016.

As per seizure list, 20 litres of raw spirit was recovered from a bush in the village Harkhauli near a Kathal tree. One person was apprehended and it is stated that two persons managed to run away. The apprehended person disclosed name of these petitioners. In paragraph-3 of the petition, it has been mentioned that the petitioners have no criminal antecedent.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the

Patna High Court Cr.Misc. No.56713 of 2017 (2) dt.01-12-2017 2/2 date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Meerganj P.S. Case No. 206 of 2017 to the satisfaction of Additional Sessions Judge-II, Gopalganj subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) A.K.V./- U T