Jitendra Kumar Yadav @ Jitendra Kumar @ Jitendra Yadav @ Gholta And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16058 of 2018 Arising Out of PS.Case No. -216 Year- 2017 Thana -KISHUNPUR District- SUPAUL ======================================================

1. JITENDRA KUMAR YADAV @ JITENDRA KUMAR @ JITENDRA YADAV @ GHOLTA

2. Balram Kumar @ Balram Yadav @ Ballo @ Balu

3. Niraj Yadav @ Niraj Kumar .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Arun Kumar Jha For the State : Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-03-2018 Heard learned counsel for the petitioners and learned APP for the State.

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

The prosecution case, in short, is that 174 liters and 120 ml. wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The names of the petitioners have transpired on the basis of disclosure made by the co-accused namely, Dharmendra Kumar, Rahul Kumar and Subhash Kumar. Except for this, there is no other

Patna High Court Cr.Misc. No.16058 of 2018 (2) dt.20-03-2018 substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 174 liters and 120 ml. wine is recovered from the lodge in question. 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, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Supaul in connection with S.T. Excise No. 760 of 2017 arising out of Kishanpur P.S. Case No. 216 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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