Kanhai Yadav @ Akhilesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23869 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== 1.

Kanhai Yadav @ Akhilesh Yadav Son Of Bhupendra Yadav @ Bhupendra Ray Resident Of Village Kushahar, Ps- Kesariya, Distt- East Champaran 2.

Mukesh Yadav Son Of Bhupendra Yadav @ Bhupendra Ray Resident Of Village Kushahar, Ps- Kesariya, Distt- East Champaran 3.

Sahdeo Sahani Son Of Shankar Sahani @ Sitaram Sahani, Resident Of Village - Siswa Kharar, Ps- Kalyanpur, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Pushpa Sinha 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

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

The prosecution case, in short, is that 110 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 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this

Patna High Court CR. MISC. No.23869 of 2023(2) dt.17-05-2023 2/3 case. The names of the petitioners have transpired in this case on the basis of disclosure made by the local residents as per F.I.R. The names of local residents, who have named the petitioners, 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. It is alleged that 110 liters wine is recovered from the motorcycle and Siswa Kharar Chawar. The motorcycle in question does not belong to the petitioners. 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. Learned counsel for the petitioners has placed reliance upon the order dated 13-04-2022 passed by the Hon'ble Supreme Court in Cr. 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 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

Patna High Court CR. MISC. No.23869 of 2023(2) dt.17-05-2023 3/3 the like amount each to the satisfaction of learned Court below/concerned Court in connection with Kalyanpur P.S. case No.34 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T