Ram Kumar Yadav @ Raj Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7821 of 2023 Arising Out of PS. Case No.-232 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== RAM KUMAR YADAV @ RAJ KUMAR YADAV S/o Hiraman Rai R/o Village- Jaysinghpur Chiyutahi Gangalwa Tola, P.S.-Turkaulia, Distt- East Champaran.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Brajesh Kumar Singh, Advocate For the Opposite Party :
Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections-341, 504, 323, 307, 427, 353, 506/34 of the Indian Penal Code and Section-45 of the Bihar Prohibition and Excise Amendment Act, 2018.
The prosecution case, in short, is that accused persons were quarreling in drunken state.
It has been submitted on behalf of the petitioner that that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired on the basis of disclosure made by local chowkidar. As per allegation, there is no recovery of liquor. A quarrel had taken place and it is alleged that the people were quarreling in
Patna High Court CR. MISC. No.7821 of 2023(2) dt.20-04-2023 2/2 drunken state. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. Learned counsel for the petitioner has placed reliance upon the order dated 13-04-2022 passed by the Hon'ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar.) On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Motihari, East Champaran in connection with Turkauliya P.S. Case No. 232 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V.//- U T