Rudal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18308 of 2020 Arising Out of PS. Case No.-5 Year-2014 Thana- GOVERNMENT OFFICIAL COMP. District- Khagaria ====================================================== RUDAL YADAV, aged about 41 years (Male), Son of Chandradev Yadav, Resident of Village- Chakhusaini near the Block, P.S.- Mansi, Dist.- Khagaria. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Binod Kumar, Advocate.

For the Opposite Party :

Mr.Parmanand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Section 47(a) of the Bihar Excise Act.

The prosecution story, in brief, is that total 200 Kgs., Mahua Jawa and 50 liters wine is said to have been recovered. It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.18308 of 2020(3) dt.29-09-2020 2/3 petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 200 Kgs., Mahua Jawa and 50 liters wine is recovered from the open field behind the Mosque near the Chakhusaini Block. The name of the petitioner has come in the present case on the basis of alleged recovery. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. 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/ Complaint Case. Considering the facts and circumstances of the case, the petitioner above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Khagaria, in connection with Complaint Case No.

Patna High Court CR. MISC. No.18308 of 2020(3) dt.29-09-2020 3/3 under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T