Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51496 of 2022 Arising Out of PS. Case No.-184 Year-2022 Thana- RAGHOPUR District- Vaishali ====================================================== 1.

SATISH KUMAR S/O MAHENDRA RAI @ MAHENDRA RAI Resident of village- Litiahi, P.S.- Raghopur (Rustampur O.P.), District- Vaishali. 2.

SUBODH RAY S/O LANGAR RAY @ KISHUNDEO RAY Resident of village- Litiahi, P.S.- Raghopur (Rustampur O.P.), District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272, 273, 414 and 34 of the IPC read with Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioner no.1 is a person with clean antecedent, petitioner no.2 has antecedent of one case and allegation is of recovery of 286.695 litres liquor from Umesh Rai's banana plantation. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing

Patna High Court CR. MISC. No.51496 of 2022(2) dt.30-09-2022 2/2 was recovered from their conscious possession, it is further submitted that the place from where the alleged recovery was made does not belong to the petitioners and they came to be implicated at the instance of chowkidar and the informant. 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. 1,000/- (Rupees One Thousand) for petitioner no.1 and Rs. 10,000/- (Rupees Ten Thousand) for petitioner no.2 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 Raghopur (Rustampur O.P.) P.S. Case No. 184 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T