Sukindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31687 of 2021 Arising Out of PS. Case No.-148 Year-2019 Thana- THARTHARI District- Nalanda ====================================================== 1.

SUKINDRA YADAV Son of Late Lachchhu Yadav Resident of village - Atwal Chak, P.S.- Tharthari, District - Nalanda. 2.

Upendra Yadav Son of Talo Gope Resident of village - Atwal Chak, P.S.- Tharthari, District - Nalanda.

3.

Chalwal Yadav Son of Manoj Yadav Resident of village - Atwal Chak, P.S.- Tharthari, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-08-2021 Heard learned counsel for the petitioners and 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 after restoration of normalcy. The petitioners are apprehending their arrest in Tharthari P.S. Case No. 148 of 2019 registered for the offence under Section-30(A) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

The prosecution case, in short, is that 20 liters wine is recovered.

Patna High Court CR. MISC. No.31687 of 2021(2) dt.21-08-2021 2/3 It has been submitted on behalf of the petitioners that petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against them. They have been falsely implicated in the present case. It is alleged that 20 litres wine is recovered from an open field in an abandoned state. The names of the petitioners have transpired in this case on the basis of disclosure made by local chowkidar. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in the present 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.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, 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 their personal bond to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Nalanda at Bihar Sharif in connection with Tharthari P.S. Case No. 148 of

Patna High Court CR. MISC. No.31687 of 2021(2) dt.21-08-2021 3/3 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T