Jeetendra Yadav @ Jeetu Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40341 of 2018 Arising Out of PS.Case No. -112 Year- 2018 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ======================================================

1. Jeetendra Yadav @ Jeetu Yadav.

2. Baiju Yadav. Sons of Rupa Yadav. Residents of Village - Nichli Bazar Giriak, Police Station - Giriak, District : Nalanda. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Kumari Sujata Sinha, Advocate. For the Opposite Party : Mr. Ahtash Ali Khan, APP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 30(a), 32, 37 and 38 of the Bihar Prohibition and Excise Act, 2016 The prosecution story, in brief, is that total 13.300 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. It is alleged that total 13.300 liters wine is recovered from the joint house. The name of the petitioners has come on the basis of alleged recovery made

Patna High Court Cr.Misc. No.40341 of 2018 (2) dt.13-07-2018 2/2 from the joint house of the petitioners where other family members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this 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/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or 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 the learned 6th Additional District and Sessions Judge, Excise, Nalanda at Biharsharif, in connection with Giriak P.S. Case No. 112 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./AbhijeetU T