Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43296 of 2023 Arising Out of PS. Case No.-306 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

NARESH YADAV S/O SHRI GOVIND YADAV R/O Village- Rasalpur Mahugain (Nakati), PS. Wazirganj, Dist.Gaya 2.

RANJEET MISTRI S/O KRISHNA MISTRI R/O Village- Birney, PS. Wazirganj, Dist. Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2023 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 Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that petitioner No. 1 has antecedent of three cases and petitioner No. 2 is a person with clean antecedent and allegation is of recovery of 5 liters of liquor from the house of Mithilesh Yadav. 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

Patna High Court CR. MISC. No.43296 of 2023(2) dt.11-07-2023 2/2 be implicated based on suspicion, it is further submitted even the alleged recovery is from a place which is accessible to public at large and does not belong to the petitioner. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Wazirganj P.S. Case No. 306 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T