Bittu Yadav @ Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35599 of 2020 Arising Out of PS. Case No.-66 Year-2020 Thana- TILAUTHU District- Rohtas ====================================================== Bittu Yadav @ Bittu Kumar Son of Jhamlal Yadav Resident of Village-Uttar Patti Tilauthu, P.S. Tilauthu, District-Rohtas at Sasaram. ... ... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Babu Nandan Prasad For the Opposite Party/s :

Mr. Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-04-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 16.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with Tilauthu P.S. Case no. 66 of 2020, registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The accusation is that in course of patrolling duty, the informant received information about selling of liquor at the bank of Sone river by Dharmendra Paswan @ Bhuar, Jhaglal Yadav, Bittu Yadav (Petitioner), son of Jhaglal Yadav,

Patna High Court CR. MISC. No.35599 of 2020(2) dt.09-04-2021 2/3 and Suraj Paswan, thereafter, informant along with other Police personnel reached there then four persons started fleeing boarding on boat through river, while they were chased, but they succeeded to flee away taking advantage of deep water in the river. On search, 160 litres of country made liquor, kept in sacks, recovered. At that time, the local Chowkidar had identified four persons, who succeeded to flee away, Dharmendra Paswan @ Bhuar Paswan, Jhaglal Yadav, Bittu Yadav (Petitioner), and Suraj Paswan Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner was not apprehended on the spot, rather, the name of petitioner and others were disclosed by the local Chowkidar due to dirty village politics.

The petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Rohtas at Sasaram in connection with Tilauthu P.S. Case No.

Patna High Court CR. MISC. No.35599 of 2020(2) dt.09-04-2021 3/3 the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T