Karan Yadav @ Karan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62733 of 2017 Arising Out of PS.Case No. -312 Year- 2017 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Karan Yadav @ Karan Kumar Son of Banaras Yadav.

2. Ranjan Yadav, Son of Naresh Yadav, Both Resident of Village- Budhouli Chowk, Police Station- Sheikhpura, District- Sheikhpura. .... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case instituted under Sections 272, 273, 353 of Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 495 litres of liquor is said to have been recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioners has come on the disclosure of co-accused, as per F.I.R. Except for this, there is no other substantive evidence to suggest the implication of the

Patna High Court Cr.Misc. No.62733 of 2017 (2) dt.08-01-2018 2/2 petitioners in this case. It is alleged that total 495 litres of liquor is recovered. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of section 100 of the Cr.P.C.

On behalf of the state, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Sheikhpura P.S. Case No.312/2017, (Excise Case No.20/2017) on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Sheikhpura, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Amit/- U T