Pradip Kumar @ Pradip Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68455 of 2024 Arising Out of PS. Case No.-221 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== 1.

Pradip Kumar @ Pradip Yadav Son of Late Kailash Yadav R/o VillageChhatarpur, P.S.- Noorsarai District- Nalanda 2.

Deepak Kumar @ Deepak Yadav S/o Bhushan Yadav R/o VillageChhatarpur, P.S.- Noorsarai District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Ratan Kumar, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend arrest in Noorsarai P.S. Case No. 221 of 2024, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 60 liters liquor was recovered from the spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. The petitioners have got no concern with the alleged recovery of liquor. Learned counsel for the petitioners further submits that the alleged recovery of liquor has been

Patna High Court CR. MISC. No.68455 of 2024(2) dt.03-10-2024 2/2 made from an open place which is easily accessible to public at large. Name of the petitioners have transpired on the basis of disclosure made by local chowkidar. Petitioner No. 1 has got two criminal antecedents and petitioner no. 2 has got one criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances, let the petitioners, above named in the event of arrest/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 Court below/concerned Court in connection with Noorsarai P.S. Case No. 221 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T