Kapil Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54005 of 2018 Arising Out of PS. Case No.-58 Year-2018 Thana- ALINAGAR District- Darbhanga ======================================================

1. Kapil Yadav, Son of Buchun Yadav @ Buchru Yadav @ Buchanu Yadav,

2. Sanjay Yadav, Son of Buchun Yadav @ Buchru Yadav @ Buchanu Yadav, Both Resident of Village- Kumhraul, Police Station- Alinagar, District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 7 of the E.C. Act.

The prosecution case, in short, is that 25 bags rice each 50 kgs are recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is no other substantive evidence to suggest that the rice in question was for the purpose of public

Patna High Court Cr.Misc. No.54005 of 2018(3) dt.26-10-2018 2/2 distribution. It is further submitted that the petitioners are ready to deposit an amount of Rs.20,000/- in court below, subject to the final disposal of the case.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, the petitioners are directed to deposit an amount of Rs.20,000/- in court below, subject to the final disposal of the case. On doing so, the petitioners, above named, in the event of arrest/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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Benipur, District Darbhanga in connection with Ali Nagar P.S. case No.58 of 2018 corresponding to G.R. No.278 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T