Hukum Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8084 of 2022 Arising Out of PS. Case No.-208 Year-2021 Thana- MANJHI District- Saran ====================================================== HUKUM KUMAR YADAV SON OF LAGANDEO YADAV R/O VILLAGEJATUWA, P.S.- CHAPRA MUFFASIL, DISTRICT- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Srivastva, Adv.

For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2022 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in connection with Manjhi P.S. Case No. 208 of 2021 registered for the offence under Section-30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 551.88 liters wine is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. It is alleged that 551.88 litres wine is recovered from a pick up Van. The petitioner is not owner of the pick up Van, in question. The pick up Van belongs to the brother of the petitioner which is run as a

Patna High Court CR. MISC. No.8084 of 2022(2) dt.25-02-2022 2/2 public carrier. The petitioner has got no concern with the said pick up Van. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, 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/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Saran at Chapra in connection with Manjhi P.S. Case No. 208 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