Amarjeet Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 37884 of 2018 Arising Out of PS. Case No.-39 Year-2018 Thana- Jadopur District- Gopalganj ======================================================

1. Amarjeet Yadav,

2. Chandsi Yadav Both sons Somari Yadav, R/o Vill.- Bhathwan, P.S.- Jadopur, District- Gopalganj, presently at -Mehandia Nahar Par, P.S.- Jadopur, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Pandey No-5 For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

03-07-2018 Heard Sri Sanjay Kumar No.5, learned counsel for the petitioners and Sri Ajay Kumar Jha, learned Addl. Public Prosecutor.

Two petitioners, apprehending their arrest in Jadopur @ Yadopur P.S. Case No. 39 of 2018 registered for offence under Sections 272 & 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016, have prayed for grant of anticipatory bail.

Learned counsel for the petitioners submits that nothing was recovered from conscious possession of the petitioners, rather in the case, recovery was shown from backside of palani (hutment) of the petitioners. It has also been

Patna High Court Cr.Misc. No.37884 of 2018(2) dt.03-07-2018 2/2 argued that after lodging of the present case, petitioner no. 1 has again been made accused in another case relating to Excise Act and as such, a prayer is being made granting anticipatory bail. However, learned Addl. Public Prosecutor opposing the prayer submits that it is not only a case of recovery, but while police arrived, the petitioners were identified in the torchlight while fleeing away. In view of facts and circumstances, I do not find any ground to extend the privilege of anticipatory bail. Dismissed.

(Rakesh Kumar, J.) anay U T