Birendra Singh @ Birendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15420 of 2022 Arising Out of PS. Case No.-548 Year-2021 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.

BIRENDRA SINGH @ BIRENDRA YADAV Son of Dadan Yadav Resident of Village - Narayanpur, P.S.- Jagdishpur, District - Bhojpur. 2.

Santosh Kumar Son of Birja Yadav Resident of Village - Narayanpur, P.S.- Jagdishpur, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Advocate For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-04-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

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

The petitioners are apprehending their arrest in a case registered under Sections 30(a), 30(d) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 35 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent and there is no

Patna High Court CR. MISC. No.15420 of 2022(2) dt.01-04-2022 2/3 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. The names of the petitioners have transpired in this case on the basis of secret information as per F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 35 liters wine is recovered from the bank of the river. The petitioners had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioners. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or 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 District Judge 9th, Excise, Arrah, Bhojpur in connection with Jagdishpur P.S. case No.548 of 2021, subject to the conditions

Patna High Court CR. MISC. No.15420 of 2022(2) dt.01-04-2022 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T