Pukar Yadav @ Ram Pukar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36664 of 2022 Arising Out of PS. Case No.-62 Year-2021 Thana- SALAIYA District- Aurangabad ====================================================== 1.

PUKAR YADAV @ RAM PUKAR YADAV SON OF LATE CHHOTU YADAV 2.

KUNDAN YADAV SON OF SUDESHWAR YADAV 3.

MUNNA YADAV @ MUNNA KUMAR SON OF LAKHAN YADAV All are Resident of Village - Sonarchak (Sonar Bigha), P.S. - Salaiya, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, 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 have antecedent of one case.

Allegation is of recovery of 70 litres of liquor from the bushes of a Chalho Pahadi.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.36664 of 2022(2) dt.03-11-2022 2/2 petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession. It is further submitted that even recovery is from a place which is accessible to public at large and they came to be implicated based on secret information which is the easiest way to implicate someone who has antecedent.

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.10,000/- (Rupees Ten 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 Salaiya P.S. Case No. 62 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T