Ful Chand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26636 of 2020 Arising Out of PS. Case No.-73 Year-2020 Thana- PIRO District- Bhojpur ====================================================== 1.

Ful Chand Yadav Son of Jitan Singh Resident of Village - Piro, Ward No. -10, Near Janki Place, Police Station - Piro, District - Bhojpur. 2.

Nitesh Kumar Son of Bipin Kumar Resident of Village - Piro, Police Station - Piro, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-11-2020 This matter has been taken up through Video Conferencing.

Let the defects be removed within two weeks after opening of the physical court.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.26636 of 2020(2) dt.05-11-2020 2/3 Liquor was allegedly recovered from a fourwheeler and allegation is that some persons were fleeing from there leaving the vehicle.

Learned counsel for the petitioners submits that the petitioners have got no criminal antecedent. The petitioners have stated on oath that neither the vehicle belongs to the petitioners nor the petitioners have any connection with the liquor. Only on suspicion the petitioners have been implicated in this case.

Considering the submission aforesaid and no substantial material against the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Piro Police Station Case No. 73 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the

Patna High Court CR. MISC. No.26636 of 2020(2) dt.05-11-2020 3/3 bail bond of the petitioners.

The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T