Pintu Kumar @ Pintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55097 of 2024 Arising Out of PS. Case No.-83 Year-2024 Thana- Marnga District- Purnia ====================================================== 1.

PINTU KUMAR @ PINTU YADAV SON OF SRI RAJENDRA PRASAD YADAV RESIDENT OF VILLAGE - JHUNNI KALA POTHIYA, BULWA, P.S. - K. NAGAR, DISTRICT - PURNEA 2.

GUDDU YADAV @ JAYAKANT YADAV SON OF PARMESHWAR YADAV RESIDENT OF VILLAGE - BELA, RIKABGANJ, P.S. - K. NAGAR, DISTRICT - PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2024

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 and 273 of the Indian Penal Code read with Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioners submits that petitioners are person with clean antecedent and allegation is of recovery of 455.5 liters of liquor from a Bolero vehicle.

4. Learned counsel for the petitioners submits that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and they were not the owner of the seized vehicle and they came to be implicated based on the confessional statement of Vivek in police custody which

Patna High Court CR. MISC. No.55097 of 2024(2) dt.07-08-2024 2/2 does not have any evidentiary value, when petitioners admittedly are persons with clean antecedent.

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. 500/- (Rupees Five Hundred) 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 Maranga P.S. Case No. 83 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, it is made clear the learned Trial Court before accepting the bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event if it is found that any of the petitioners have antecedent of even one case in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) Rishabh/- U T