Patna High CourtCR. MISC./38212/2022allowed

Jay Ram Bhagat v. The State Of Bihar

2022-09-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38212 of 2022 Arising Out of PS. Case No.-86 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1.

Jay Ram Bhagat Son Of Ramdeo Bhagat R/O Village- Majhar Semri Tola, P.S.- Pakridayal, District- East Champaran 2.

Umesh Bhgat @ Umesh Kumar Son Of Baidhnath Bhagat R/O VillageMajhar Semri Tola, P.S.- Pakridayal, District- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-09-2022 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 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

It is a case of recovery of foreign liquor from the bamboo clump of co-accused Madan Prasad.

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.38212 of 2022(2) dt.23-09-2022 2/2 conscious possession of the petitioners and petitioners have not been apprehended at the spot. 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.II, East Champaran at Motihari in connection with Pakridayal P.S. Case No. 86 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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