Gunjan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41947 of 2022 Arising Out of PS. Case No.-145 Year-2022 Thana- WARISNAGAR District- Samastipur ====================================================== 1.

GUNJAN THAKUR Son of Vikram @ Urendra Thakur Resident of Village - Kushaiya, P.S. - Warisnagar, Distt.- Samastipur 2.

Chaman Kumar @ Yamuna Thakur Son of Vikram @ Urendra Thakur Resident of Village - Kushaiya, P.S. - Warisnagar, Distt.- Samastipur 3.

Kanhaiya Thakur Son of Vikram @ Urendra Thakur Resident of Village - Kushaiya, P.S. - Warisnagar, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-08-2022 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 the petitioners have antecedent of one case and allegation is of recovery of 5.250 liters liquor from the hut like structure made in the courtyard of petitioner no.1.

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 next

Patna High Court CR. MISC. No.41947 of 2022(2) dt.29-08-2022 2/2 submitted that petitioner no. 1 lives in Patna and does job in a drugstore, petitioner no.2 works as driver and he lives in Samastipur and petitioner no.3 studies in Intermediate in Samastipur as would be evident from Annexure-2 to the anticipatory bail application, learned counsel next submits that since house is lying vacant, as such someone misused the premises of the petitioners to falsely implicate them. 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. 2,000/- (Rupees Two 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 Warisnagar P.S. Case No. 145 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T