Lurba Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6447 of 2019 Arising Out of PS. Case No.-107 Year-2018 Thana- THARTHARI District- Nalanda ======================================================

1. LURBA YADAV age about 40 years(Male)

2. Ramprit Yadav age about 42 years(Male) Both sons of Baudhu Gope Resident of Paltu Bigha, P.S.- Tharthari, DistrictNalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudal Singh For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-02-2019 Heard both sides.

The petitioners apprehend their arrest in Tharthari P.S. Case No.107 of 2018 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The police alleged that he got secret information that the petitioners and others were selling illegal liquor and on such, went to the place of occurrence situated in field of Paltubigha. It is alleged that seeing the police, the accused persons fled away. On search, 30 liters of country made liquor was recovered. The learned counsel for the petitioners submits that informant did not disclose the source of information. Nothing has been recovered from the conscious possession of the petitioners. 30 liters of country made liquor was recovered from

Patna High Court Cr.Misc. No.6447 of 2019(2) dt.05-02-2019 2/2 a bush and the petitioners and other accused persons have been falsely implicated in the case.

Considering the aforesaid facts and nature of allegation made against the petitioners and the fact that nothing has been recovered from the conscious possession of the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge VI-cum-Special Judge, Excise, Nalanda, Biharsharif in connection with Tharthari P.S. Case No.107 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T