Aakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40552 of 2023 Arising Out of PS. Case No.-147 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== 1.

Aakash Yadav S/O Surendra Rai @ Surendra Prasad Yadav R/O VillageSiswa Basant, Ps. Kalyanpur, Dist. East Champaran 2.

Lalan Yadav S/O Late Jagarnath Rai R/O Village- Siswa Basant, Ps. Kalyanpur, Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-07-2023 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(i) 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 69.120 litres of liquor from a bush. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is further submitted that even the alleged recovery is from a place which

Patna High Court CR. MISC. No.40552 of 2023(2) dt.03-07-2023 2/2 is accessible to public at large and the petitioners came to be implicated merely because the recovery was made from the place which is behind the house of the petitioners. 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 Kalyanpur P.S. Case No. 147 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T