Mantu Kumar @ Sateyndra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41603 of 2022 Arising Out of PS. Case No.-35 Year-2022 Thana- SIGAUDI District- Patna ====================================================== 1.

MANTU KUMAR @ SATEYNDRA YADAV S/o Nandlal Yadav R/o village- Pansari, P.S.- Bhagwanganj, District- Patna 2.

Pappu Kumar S/o Sidheshwar Yadav R/o village- Pansari, P.S.- Bhagwanganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akshay Lal Pandit, 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 are persons with clean antecedent and allegation is of recovery of 90 litres of liquor from two motorcycles which were apprehended near bridge of village Neria.

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.41603 of 2022(2) dt.29-08-2022 2/2 submitted that the petitioners are not the owners of the alleged motorcycles and their name came in the confessional statement of co-accused which has no evidentiary value. 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 Sigori P.S. Case No. 35 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T