Gauri Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9151 of 2020 Arising Out of PS. Case No.-96 Year-2019 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== 1.

GAURI YADAV S/o Shivnandan Yadav R/o Village - Bhadbhadwa, P.S. - Puroshottampur, District - W. Champaran.

2.

Bharat Yadav S/O Shivnandan Yadav R/o Village - Bhadbhadwa, P.S. - Puroshottampur, District - W. Champaran.

... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Brisketu Sharan Pandey, Advocate.

Ms. Aparajita, Advocate.

For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 201 of the Indian Penal Code and Section 30 (a) (d) (f) & 54 of the Bihar Prohibition and Excise Act, 2016.

Equipment and material for brewing country made liquor is said to have been recovered from a dejected place which were kept in the gallon dumped under the soil. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. The petitioners have no concern either with the seized liquor or the place of recovery or any trade of liquor. The place of recovery is an open place and easily accessible to anyone. The petitioners have been falsely implicated in this case at the instance of their enemies.

Patna High Court CR. MISC. No.9151 of 2020(2) dt.28-02-2020 2/2 Petitioners were not apprehended at the spot. Petitioners have no criminal antecedent.

Petitioners are agreed to deposit Rs. 10,000.00 (Rupees Ten Thousand) in the Juvenile Justice Fund of the State Social Welfare Department, bearing Saving Account No. 35094613009 of the State Bank of India.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, West Champaran at Bettiah in connection with Purushottampur P.S. Case No. 96 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000.00 (Rupees Ten Thousand) in the Juvenile Justice Fund of the State Social Welfare Department.

(Anjani Kumar Sharan, J) Trivedi/- U T