Chhotu Yadav @ Hulla Yadav @ Chotu Yadav @ Hulha @ Chhotu @ Hulla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17331 of 2020 Arising Out of PS. Case No.-222 Year-2019 Thana- NAWADA MUFFASIL District- Nawada ====================================================== 1.

Chhotu Yadav @ Hulla Yadav @ Chotu Yadav @ Hulha @ Chhotu @ Hulla (male) aged about 22 years, S/o- Umesh Yadav 2.

Laddu Yadav (male) aged about 40 years, S/o Late Alakhdeo Yadav both R/o- Village - Gorighat, P.S. - Muffasil, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-06-2020 Heard Mr. Birendra Kumar, learned counsel for the petitioners and Mr. Rana Randhir Singh, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioners apprehend their arrest in connection with Muffasil P.S. Case No. 222 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioners is that Police got a secret information that some persons were indulged in manufacturing and selling of country made mahua wine near a river bank and proceeded towards the place of occurrence and

Patna High Court CR. MISC. No.17331 of 2020(2) dt.12-06-2020 2/3 upon seeing the police party, four persons started fleeing away, however, Police apprehended one person namely, Amlesh Yadav and recovered a total quantity of 10 liters of country made mahua wine from a bush near the river bank.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case on the basis of their name being disclosed by the arrested co-accused person. Learned counsel further submits that the petitioners have got no criminal antecedent and no illicit liquor has been recovered from the conscious possession or the premises belonging to the petitioners.

Having regard to the submissions made by the parties and taking into consideration the fact that no illicit liquor has been recovered from the conscious possession of the petitioners or premises belonging to them, I am inclined to grant anticipatory bail to the petitioners.

Accordingly, in the event of their arrest or surrender before the court below within six weeks from today, petitioners, above named, shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge II -cum-Special Judge,

Patna High Court CR. MISC. No.17331 of 2020(2) dt.12-06-2020 3/3 Nawada in connection with Muffasil P.S. Case No. 222 of 2019 , subject to the condition as laid down under Section 438 (2) of the Code Of Criminal Procedure.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) praful/- U T