Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32608 of 2022 Arising Out of PS. Case No.-66 Year-2022 Thana- MEHANDIGANJ District- Patna ====================================================== 1.

Golu Kumar Son Of Birju Dhanuk Resident Of Village - Pratappur, P.S.- Mehandiganj, Distt.- Patna.

2.

Diwali Kewat Son Of Surendra Kewat Resident Of Village - Pratappur, P.S.- Mehandiganj, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 41.60 litres of Indian made foreign liquor from an orchard and one person was apprehended who disclosed his name as Sutki Pandit. He named the petitioners as the persons who fled away from the place of seizure.

It is submitted by learned counsel for the petitioners that petitioners were not apprehended from

Patna High Court CR. MISC. No.32608 of 2022(2) dt.16-09-2022 2/2 the spot. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern either with the seized liquor or with the orchard, from where the seizure was done. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna city in connection with Mehandiganj P.S. Case No. 66 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T