Damodar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64625 of 2022 Arising Out of PS. Case No.-297 Year-2022 Thana- SIRDALA District- Nawada ====================================================== 1.

DAMODAR SINGH Son of Narayan Singh 2.

SATISH YADAV Son of Rameshwar Yadav 3.

MANOJ PRASAD Son of Ganauri Prasad 4.

SHANKAR DEO SINGH Son of Chait Singh All Resident of Village - Marhi Kalaunda, P.S. - Sirdala, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sucheta Yadav, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(C) and 41 of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioners submits that petitioners no. 1 and 2 are persons with clean antecedent and petitioners no. 3 and 4 have antecedent of one case. Allegation is of recovery of 800 litres of Mahua solution from Lawnimarhi Jungle.

Patna High Court CR. MISC. No.64625 of 2022(2) dt.07-12-2022 2/2 Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession. It is further submitted that petitioners came to be implicated at the instance of the villagers and the Chawkidar. It is next submitted that FIR does not disclose the name of the villagers and petitioners were on an inimical term with the Chawkidar.

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.10,000/- (Rupees Ten Thousand) each 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 Sirdalla P.S. Case No. 297 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T