Rakesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40257 of 2020 Arising Out of PS. Case No.-277 Year-2020 Thana- UCHKAGAON District- Gopalganj ====================================================== 1.

Rakesh Yadav, aged about 24 years (Male), Son of Dinesh Yadav, Resident of Village- Jagarnatha, P.S. Uchakagaon, District- Gopalganj. 2.

Harkesh Yadav, aged about 22 years (Male), Son of Dinesh Yadav, Resident of Village- Jagarnatha, P.S. Uchakagaon, District- Gopalganj. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Dhramveer, Advocate.

For the Opposite Party :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-04-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioners and learned A.P.P. for the State through Virtual mode.

The petitioners are apprehending their arrest in a case 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 12 liters

Patna High Court CR. MISC. No.40257 of 2020(2) dt.16-04-2021 2/3 wine is said to have been recovered by the side of the School. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is alleged that total 12 liters wine is recovered by the side of the School. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioners 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 petitioners are named in the F.I.R./Complaint Case. Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II, Gopalganj, in connection with Uchakagaon P.S.

Patna High Court CR. MISC. No.40257 of 2020(2) dt.16-04-2021 3/3 No. 277 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T