Santosh Kumar Yadav @Nanu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44583 of 2022 Arising Out of PS. Case No.-274 Year-2021 Thana- SUPAUL District- Supaul ====================================================== 1.

SANTOSH KUMAR YADAV @NUNU YADAV @ SANTOSH YADAV Son of Sri Mahavir Yadav Resident of Village - Purikh, Ward No.01, P.S.- Purshotampur, Distt.- Saharsa.

2.

Md. Ashraf Son of Md. Basil Resident of Village - Tuniyahi, P.s.- Bihra, Distt.- Saharsa.

3.

Chhotu Kumar Son of Sri Dayanand Prasad Resident of Village - Parsauni, P.s.- Supaul, Distt.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2022 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 got antecedent of one case and allegation is of recovery of 72 liters liquor from a pickup vehicle and 1452 liter liquor from a container vehicle.

Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, petitioner is

Patna High Court CR. MISC. No.44583 of 2022(2) dt.30-08-2022 2/2 neither the owner nor the driver of the alleged container or the pickup vehicle and his name transpired based on the call details of co-accused Manas Pandey and Chano Jha, it is next submitted that petitioner was known to Manas and Chano as such it cannot be alleged that petitioner was also involved in the occurrence.

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. 10,000/- (Rupees Ten 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 Sessions Trial No. 396 of 2021 arising out of Supaul P.S. Case No. 274 of 2021 subject to the conditions as laid down under Section 438

(2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T