Pintu Yadav @ Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30387 of 2023 Arising Out of PS. Case No.-830 Year-2022 Thana- FATUA District- Patna ====================================================== 1.

PINTU YADAV @ PINTU KUMAR son of Uma Charan Singh R/oNasirpur Balwa Po- Baruna Ps- Fatuha, Dist- Patna 2.

Makshudan Yadav @ Madhusudan Kumar son of Yamuna Singh(wrongly described as son of Jamun Yadav in FIR) R/o- Nasirpur Balwa Po- Baruna Ps- Fatuha, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-05-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise (Amendment) Act 2018.

It is alleged that 100 liters of Mahua liquor was recovered from tempo.

Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners has figured during course of investigation in confessional statement of co-accused Rakesh Kumar. Petitioners are neither driver nor owner of the

Patna High Court CR. MISC. No.30387 of 2023(2) dt.19-05-2023 2/2 vehicle in question. No incriminating material has been recovered from the conscious possession of the petitioners and they are no way connected with the aforesaid recovery. Petitioners claim clean antecedent.

Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna city (District- Patna) in connection with Special Case No. 339 of 2023 (arising out of Fatuha P.S. Case No. 830 of 2022), subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T