Kanchan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40205 of 2022 Arising Out of PS. Case No.-286 Year-2021 Thana- RAGHOPUR District- Vaishali ====================================================== 1.

Kanchan Kumar Son Of Uma Rai Resident Of Village- Sukumarpur, P.S.- Raghopur, District- Vaishali 2.

Pancha Rai Son Of Lagan Rai Resident Of Village- Sukumarpur, P.S.- Raghopur, District- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Harish Kumar For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 272, 273, 414 and 34 of the I.P.C. and Section 30(a) of the Excise Act. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the allegation is of recovery of 30 litres of liquor from Smt. Devi @ Sunita Devi's house. It is next alleged that petitioner no.1 and petitioner no.2 also deal in liquor of business and from their house, three motorcycles each were recovered.

The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. They

Patna High Court CR. MISC. No.40205 of 2022(2) dt.30-08-2022 2/2 were not arrested from the spot, as such, nothing was recovered from their conscious possession. It is also submitted that the alleged motorcycle does not belong to the petitioners and were not parked inside their house.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

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, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Raghopur (Rustompur O.P.) P. S. Case No.286 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T