Deepak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52458 of 2021 Arising Out of PS. Case No.-270 Year-2021 Thana- BARHARA District- Bhojpur ====================================================== DEEPAK YADAV, aged about 25 years (Male), Son of Nand Jee Yadav, Resident of Village- Saligram Singh Ke Tola, P.S.- Barhara, District- Bhojpur, Ara.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Prerna Anand, Advocate For the Opposite Party :

Mr. Humayou Ahmad Khan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-11-2021 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 through Virtual mode.

The petitioner is apprehending his arrest in connection with Barahara P.S. Case No. 270/2021 for the offence registered under Sections 30(a) and 36 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 60 liters wine is recovered from the Bhatti of different persons including the petitioner.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.52458 of 2021(2) dt.26-11-2021 2/3 petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 60 liters wine is recovered from the Bhatti of different persons. Out of which, 21 liters wine is said to have been recovered from the Bhatti allegedly belonging to the joint family of the petitioner alongwith one Santosh Yadav. The name of the petitioner has transpired in the present case on the basis of confessional statement of co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. The petitioner had no knowledge regarding the alleged incident. 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

Patna High Court CR. MISC. No.52458 of 2021(2) dt.26-11-2021 3/3 the learned IV Additional Sessions Judge-cum-Special Excise Judge, Bhojpur, Ara, in connection with Barahara P.S. Case No. 270/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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