Rabindra Yadav v. The State Of Bihar
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36580 of 2020 Arising Out of PS. Case No.-265 Year-2020 Thana- HISUWA District- Nawada ====================================================== RABINDRA YADAV S/o Ramjanam Yadav R/o village- Hasanpur, P.S.- Hisua, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Man Mohan Kumar For the Opposite Party/s :
Mr. Ram Chandra Sahni, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 30(a) and 30(d)of the Bihar Prohibition and Excise Act, 2016.
Prosecution case, in short, is that 3 liters mahua wine along with 300 kg jawa mahua is recovered.
Patna High Court CR. MISC. No.36580 of 2020(2) dt.23-12-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.9.2020. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that 3 liters mahua wine along with 300 kg jawa mahua is recovered from the open field. 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, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Nawada in connection with Hisua P.S. Case No. 265 of 2020. (Sudhir Singh, J) Pankaj/- U T