Chunnu Kumar @Chunnu Singh @Chunnu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36020 of 2022 Arising Out of PS. Case No.-395 Year-2021 Thana- BUDDHACOLONY District- Patna ====================================================== 1.

CHUNNU KUMAR @ CHUNNU SINGH @ CHUNNU RAI Son of Late Sukhraj Prasad Resident of Village - Chakaram Chak, P.s.- Buddha colony, Distt.- Patna.

2.

Pradip Kumar Son of Dinesh Rai Resident of Village - Chakaram Chak, P.s.- Buddha colony, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent. Allegation is of recovery of 5 litres of liquor from a place near the house of the petitioners.

Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.36020 of 2022(2) dt.03-11-2022 2/2 recovered from their conscious possession. It is further submitted that even the alleged recovery is from a place which does not belong to the petitioners rather it is adjacent to the house of the petitioners based on which they came to be implicated at the instance of the local people. 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 Special Case No. 7135 of 2021 arising out of Budha Colony P.S. Case No. 395 of 2021, subject to the conditions as laid down under Section 438

(2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T