Amresh Yadav @ Amesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46921 of 2023 Arising Out of PS. Case No.-106 Year-2023 Thana- HARLAKHI District- Madhubani ====================================================== 1.

AMRESH YADAV @ AMESH KUMAR SON OF LATE SANJAY YADAV RESIDENT OF VILLAGE- PANCHGACHHIYA PS- HARLAKHI, DISTMADHUBANI 2.

VIJAY YADAV SON OF RAM PRIT YADAV RESIDENT OF VILLAGEPANCHGACHHIYA PS- HARLAKHI, DIST- MADHUBANI 3.

VIKRA, YADAV SON OF DEVARU YADAV RESIDENT OF VILLAGEPANCHGACHHIYA PS- HARLAKHI, DIST- MADHUBANI 4.

AWDHESH YADAV @ AWDHESH YADAV SON OF MOTI YADAV RESIDENT OF VILLAGE- PANCHGACHHIYA PS- HARLAKHI, DISTMADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Soban Asghar, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2023

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 offences punishable under Sections 272, 273, 504, 506 and 34 of the Indian Penal Code and under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioners submits that the petitioners have antecedent of one case though inadvertently at Para-3, it has been pleaded that petitioners are persons with clean antecedent, it is next submitted that allegation is of

Patna High Court CR. MISC. No.46921 of 2023(2) dt.24-07-2023 2/2 recovery of 7.5 liters of liquor from a motorcycle.

4. Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession, it is next submitted that even petitioners are not the owner of the alleged seized vehicle.

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

6. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five 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 Harlakhi P.S. Case No. 106 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T