Mukesh Yadav @ Mukesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8656 of 2021 Arising Out of PS. Case No.-381 Year-2019 Thana- HISUWA District- Nawada ====================================================== 1.

MUKESH YADAV @ MUKESH KUMAR YADAV S/o Kailash Yadav Resident of Village- Fulwariya, P.S.- Hisua, District- Nawada. 2.

Beli Yadav @ Boli Yadav S/o Ramswarth Yadav Resident of VillageFulwariya, P.S.- Hisua, District- Nawada. 3.

Kailu Yadav S/o Late Koiya Yadav Resident of Village- Fulwariya, P.S.- Hisua, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-04-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode. Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 30 liters wine is recovered.

It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.8656 of 2021(2) dt.06-04-2021 2/2 petitioners have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 30 liters wine is recovered in abandoned state. Nothing incriminating has been recovered from the conscious possession of the petitioners. 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.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge IInd-cum-Special Judge, Nawada in connection with Hisua P.S. case No.381 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T