Patna High CourtCR. MISC./33811/2022bail granted

Bikesh Yadav v. The State Of Bihar

2022-09-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33811 of 2022 Arising Out of PS. Case No.-326 Year-2021 Thana- CHHAURADANO District- East Champaran ====================================================== 1.

BIKESH YADAV S/o Late Rameshwar Rai @ Rameshwar Ray R/o villageLaxaman Nagar, P.S.- Mahuaawa, District- East Champaran at Motihari 2.

Bulet S/o Gannu Rai R/o village- Laxaman Nagar, P.S.- Mahuaawa, DistrictEast Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== 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 Sections 30(a), 32 and 41(i) of the Bihar Prohibition and Excise Amendment Act, 2018.

It is a case of recovery of country made liquor from the Tiyar river.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that they have no concern with the seized liquor and no incriminating article has been recovered from the

Patna High Court CR. MISC. No.33811 of 2022(2) dt.16-09-2022 2/2 conscious possession of the petitioners and petitioners have not been apprehended at the spot and the name of the petitioners came into light on the basis of apprehended co-accused Anil Ram. Petitioners have clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, 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 thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (Exclusive Special Excise Court No.2), Excise Act, East Champaran at Motihari in connection with Chhauradano P.S. Case No. 326 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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