Surendra Kumar @ Surendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46977 of 2023 Arising Out of PS. Case No.-3 Year-2022 Thana- CHAKARANDHA P.S. District- Gaya ====================================================== 1.
SURENDRA KUMAR @ SURENDRA YADAV Son of Sinan Yadav Resident of Village - Pichhuliya, P.S.- Chhakarbandha, District - Gaya. 2.
Satdev Yadav @ Sahdeo Yadav @ Satendra Yadav Son of Ramnandan Yadav Resident of Village - Pichhuliya, P.S.- Chhakarbandha, District - Gaya. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Javed Jafar Khan For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 04-08-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in connection with Chhakarbandha P.S. Case No. 03 of 2022 registered for the offences punishable under Sections 30(a) and 30(d) of Bihar Prohibition and Excise Amendment Act.
3. As per prosecution case, there is alleged recovery of 5 liter country made mahua liquor from Bhatti of Surendra Kumar (Petitioner No. 1) and 6 liter country made mahua liquor from Bhatti of Satdev Kumar (Petitioner No. 2). Local Chaukidar disclosed that petitioners used to do the business of illicit liquor in their own land.
Patna High Court CR. MISC. No.46977 of 2023(2) dt.04-08-2023 2/3
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as alleged in the F.I.R. Petitioners bears no criminal antecedent. Learned counsel further submits that petitioners were not present at the place of occurrence. Name of present petitioners have been transpired in the present case only on the basis of suspicion. Nothing has been recovered from the conscious possession of the petitioners. Petitioners have no concern with the seized liquor. There is no independent witness to the alleged occurrence. There is violation of Section 100 of the Cr.P.C. Recovery has been made from an open place which is accessible to all. Learned counsel further submits that in the light of aforesaid facts and circumstances of the case, no offence under the provisions of Bihar Prohibition and Excise Act is made out against the petitioner.
5. Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioners.
6. Considering the facts and circumstances of the case, keeping in view clean antecedent of the petitioners, argument advanced on behalf of the parties and also taking into consideration the materials available on record, in the event of their arrest or surrender before the learned trial court within a
Patna High Court CR. MISC. No.46977 of 2023(2) dt.04-08-2023 3/3 period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge No. 3, Gaya, in connection with Chhakarbandha P.S. Case No. 03 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Alok Kumar Pandey, J) amitkr/- U T