Chhotu Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65681 of 2021 Arising Out of PS. Case No.-356 Year-2021 Thana- BASANTPUR District- Siwan ====================================================== 1.

Chhotu Miyan Son of Julim Miyan Resident of Village - Jagdishpur, P.S. - Maharajganj, District - Siwan. At Present Resident of Village - Kanhauli, P.S. - Basantpur, District - Siwan.

2.

Julim Miyan Son of Late Baharan Miyan Resident of Village - Jagdishpur, P.S. - Maharajganj, District - Siwan. At Present Resident of Village - Kanhauli, P.S. - Basantpur, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Ms. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 30 litres of country made liquor. The petitioners are alleged to have fled away from the place of seizure.

It is submitted by learned counsel for the petitioners that petitioners were not apprehended from the spot. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.65681 of 2021(2) dt.15-07-2022 2/2 possession of the petitioners. The petitioners have no concern either with the seized country made liquor or place of seizure. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional District & Sessions Judge-II-cum-Excise Court, Siwan in connection with Basantpur P.S. Case No. 356 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T