Lavali Yadav @ Nabasi Yadav @ Niwas Yadav @ Niwas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50702 of 2021 Arising Out of PS. Case No.-132 Year-2021 Thana- MANSI District- Khagaria ====================================================== LAVALI YADAV @ NABASI YADAV @ NIWAS YADAV @ NIWAS KUMAR, aged about 30 years, Male, Son of Wakil Yadav @ Pramod Yadav, Resident of Village- Khutiya, P.S.- Mansi, District- Khagaria. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bishweshwar Ram, Advocate For the Opposite Party :

Mrs. Indu Kumari Srivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-11-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of eight weeks.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Mansi P.S. Case No. 132/2021, G.R. No. 1351/2021 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 35 liters wine is recovered from the Motorcycle in question. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.50702 of 2021(2) dt.17-11-2021 2/3 present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 35 liters wine is recovered from the Motorcycle in question. The petitioner is not the owner of the Motorcycle in question. The name of the petitioner has transpired in the present case on the basis of disclosure made by local residents. The names of the local residents, who have named the petitioner, have not been disclosed by the prosecution. 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. 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/ Complaint Case. 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 twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, (Excise), Khagaria, in connection with Mansi P.S. Case No. 132/2021, G.R. No. 1351/2021,

Patna High Court CR. MISC. No.50702 of 2021(2) dt.17-11-2021 3/3 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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