Ram Babu Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11939 of 2019 Arising Out of PS. Case No.-339 Year-2017 Thana- MASAUDHI District- Patna ====================================================== 1.

Ram Babu Yadav (Male age 46 years) Son of Late Shiv Yadav Resident of Village-Badroi, P.S.- Masaurhi, District -Patna 2.

Bhura Yadav (Male age 21 years) Son of Late Ram Iqbal Yadav Resident of Village-Badroi, P.S.- Masaurhi, District -Patna 3.

Ranjay Kumar (Male age 32 years) Son of Late Janak Yadav Resident of Village-Badroi, P.S.- Masaurhi, District -Patna ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-02-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are seeking anticipatory bail in connection with Special Case No. 5414/2017 arising out of Masaurhi P.S. Case No. 339/2017 registered under Sections 30 of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioners submits that the recovery of alleged illicit liquor is from a bush and not from any place belonging to these petitioners. Learned counsel submits that it is a case of false implication on mere hearsay. The petitioner has no criminal antecedent.

Learned A.P.P. for the State is present and has

Patna High Court CR. MISC. No.11939 of 2019(2) dt.28-02-2019 2/2 opposed the prayer for anticipatory bail of the petitioners. Considering the facts and circumstances of the case wherein it is submitted that the petitioners have no criminal antecedent and that the recovery is from a bush, in the event of their arrest/surrender before the court below within a period of four weeks, let the above-named petitioners be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Special Case No. 5414/2017 arising out of Masaurhi P.S. Case No. 339/2017, subject to condition that petitioners will join investigation by reporting to the Investigating Officer within a period of two weeks from today and will cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T