Yadunandan Bind @ Bhutkuniya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17993 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- MEHANDIGANJ District- Patna ====================================================== 1.

YADUNANDAN BIND @ BHUTKUNIYA S/o- Late Bhutani Bind Resident of Village - Ranipur Rusalpur, Police Station - Mehandiganj, District - Patna.

2.

KANHAI KUMAR @ KANHIYA KUMAR S/o- Yadunandan Bind @ Bhutkuniya Resident of Village - Ranipur Rusalpur, Police Station - Mehandiganj, District - Patna.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-04-2022 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 defects, as pointed out by the Office, within a period of four weeks.

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

The prosecution case, in short, is that 15 liters wine is recovered.

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

Patna High Court CR. MISC. No.17993 of 2022(2) dt.22-04-2022 2/3 allegation of tampering of witnesses alleged against the petitioners. It is alleged that 15 liters wine is recovered from the side of road. The name of the petitioner has transpired on the basis of disclosure made by the local residents. The names of local residents, who have named the petitioner, have 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. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioners has placed reliance upon the order dated 13.04.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar). On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, 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) each with two sureties of the like amount each to the satisfaction of learned Special

Patna High Court CR. MISC. No.17993 of 2022(2) dt.22-04-2022 3/3 Judge, Excise, Patna City in connection with Mehandiganj P.S. Case No. 7/2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T