Subodh Kumar Yadav @ Subogh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38128 of 2020 Arising Out of PS. Case No.-295 Year-2019 Thana- KURSAKANTA District- Araria ====================================================== SUBODH KUMAR YADAV @ SUBOGH KUMAR YADAV, aged about 24 years (M), S/o Parmanand Yadav, R/o Village- Pagdera Ward No. 14, P.S.- Kursakanta ( Sonamani Godam), District- Araria. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Mukesh Kumar Rana, Advocate.
For the Opposite Party :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-04-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.
Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual mode.
The petitioner is apprehending his arrest in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that total 15.9 liters wine is said to have been recovered from the co-accused Dhiraj Kumar Yadav.
Patna High Court CR. MISC. No.38128 of 2020(2) dt.06-04-2021 2/3 It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 15.09 liters wine is recovered from the co-accused Dhiraj Kumar Yadav. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner 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 petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances of the case, let the petitioner 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/-(Rupees Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions-cum-Special Judge, Araria, in connection with Special Case No. 1560 of 2019, arising out of Kursakanta P.S. Case No. 295 of 2019, subject to the conditions
Patna High Court CR. MISC. No.38128 of 2020(2) dt.06-04-2021 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) U.K./- U T