Harihar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72120 of 2023 Arising Out of PS. Case No.-263 Year-2023 Thana- BAIRIYA District- West Champaran ====================================================== 1.

Harihar Prasad Son Of Late Bhagawat Prasad Resident Of VillageDumariaya, P.S.- Bairiya, District- West Champaran Bettiah 2.

Chandrika Prasad Son Of Harihar Prasad Resident Of Village- Dumariaya, P.S.- Bairiya, District- West Champaran Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Shilpa Kumari For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-02-2024 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 Section 414 of the IPC and Section 30(a) of the Bihar Excise Act. 3.

Learned counsel for the petitioners submits that the petitioners are person with clean antecedent and allegation is of recovery of 7 litres of liquor from a motorcycle. 4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and they came to be implicated at the instance of the Chowkidar with whom they are

Patna High Court CR. MISC. No.72120 of 2023(3) dt.19-02-2024 2/2 on an inimical term. It is also submitted that petitioners are not the owner of the motorcycle.

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 Bairiya P.S. Case No. 263 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T