Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37958 of 2020 Arising Out of PS. Case No.-53 Year-2020 Thana- FATEHPUR District- Gaya ====================================================== 1.

Dinesh Yadav Son of Late Ramdev Yadav 2.

Udesh Yadav @ Udeshya Kumar Son of Late Ramdev Yadav Both resident of Village Rengaini P.O. Naudiha P.S Fatehpur (Gurpa O.P.) District Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Onkar Nath, Adv.

For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-07-2021 Heard both sides through video conferencing.

The petitioners apprehend their arrest in Fatehpur (Gurpa O.P.) P.S. Case No.53 of 2020(Special Excise Case No.600/2020) registered under Sections 272, 273 and 34 of the Indian Penal Code and under Section 30(a) of Bihar Prohibition and Excise Act.

The informant, a police officer, alleged that he got information that the petitioners and others were selling liquor in the forest and on such information, went to the place but the petitioners and others managed to flee away. 40 liters of liquor was recovered but since no other villagers were present there, the seizure list was prepared in presence of the police. It is

Patna High Court CR. MISC. No.37958 of 2020(2) dt.02-07-2021 2/2 further alleged that villagers disclosed the name of the petitioners.

It appears that name of the petitioners surfaced in the case on the basis of the undisclosed source of information as the informant did not disclose the name of any informer who disclosed the name of the petitioners. Petitioners have got no criminal antecedent.

Taking into consideration the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender within a period of four weeks 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, Gaya in connection with Fatehpur (Gurpa O.P.) P.S. Case No.53 of 2020(Special Excise Case No.600/2020), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T