Udit Ujjawal @ Udit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42867 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- ANDHRAMATH District- Madhubani ====================================================== 1.

Udit Ujjawal @ Udit Kumar Son Of Khelanand Yadav Village- Koriyahi, Ward No. 05, P.S.- Laukahi, Distt.- Madhubani 2.

Prabhu Yadav @ Prabhu Kumar Yadav Son Of Ram Vinay Yadav VillageSubbatol Ward No. 03, P.S.- Andhramath, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-07-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 272, 273, 34 of the I.P.C. & Section 30(a) of Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioners submits that petitioner no.1 has antecedent of one case and petitioner no.2 has antecedent of two cases and allegation is of recovery of 540 litres of liquor from a car. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and are not the owner of the

Patna High Court CR. MISC. No.42867 of 2024(2) dt.05-07-2024 2/3 seized car and they came to be implicated based on secret information which is the easiest way to implicate someone. It is also submitted that the police in order to save the real culprit falsely implicated the petitioners based on secret information taking advantage of their antecedent.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. 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.10000/- (Rupees ten 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 Andhramath P.S. Case No.57/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. It is made clear that the learned trial court before accepting the bail bonds of the petitioners shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioner no.1 has antecedent of more than one case and the petitioner no.2 has antecedent of more than two cases, in

Patna High Court CR. MISC. No.42867 of 2024(2) dt.05-07-2024 3/3 that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) amit/- U T