Tarkeshwar Bari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57284 of 2022 Arising Out of PS. Case No.-142 Year-2022 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== 1.

TARKESHWAR BARI Son of Cheena Bari R/O- Katwali Chowk, Police Station - Town, Dist.- Madhubani.

2.

Nageshwar Bari @ Kalar Son of Cheena Bari R/O- Katwali Chowk, Police Station - Town, Dist.- Madhubani.

3.

Bablu Bari @ Babul Son of Cheena Bari R/O- Katwali Chowk, Police Station - Town, Dist.- Madhubani.

4.

Rahul Bari @ Rahul Son of Cheena Bari R/O- Katwali Chowk, Police Station - Town, Dist.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Aditya Narayan Singh.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 13.535 liters of liquor from a place behind the house of the petitioners as recorded in the seizure list.

Patna High Court CR. MISC. No.57284 of 2022(2) dt.22-11-2022 2/2 Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case in a mechanical manner, it is next submitted that even the recovery is from a place which does not belong to the petitioners and is accessible to public at large.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One 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 Madhubani Town P.S. Case No. 142 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T