Aman Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34773 of 2023 Arising Out of PS. Case No.-26 Year-2022 Thana- ARWAL District- Jehanabad ====================================================== 1.

Aman Kumar Yadav Son of Ramayodhya Yadav Resident of Village- Ara Gate Jorar, PS- Namkum, District- Ranchi (Jharkhand) 2.

Guddu Sah Son of Kisgaba Sag Resident of Mohalla- Dwarikapuri Near Cold Store Krishnapuri Road No. 8, PS- Chutia, District- Ranchi (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Kant Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-06-2023 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) and 41 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 50.625 litres of liquor from a Santro 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 to be implicated based on confessional statement of Neeraj in

Patna High Court CR. MISC. No.34773 of 2023(2) dt.21-06-2023 2/2 police custody which does not have any evidentiary value. It is further submitted that petitioners have been falsely implicated by alleging that they are driver and khalasi of the said vehicle when they have no concern with the vehicle.

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 Court below 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 court below where the case is pending/successor court in connection with Arwal P.S. Case No. 26 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T