Vijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18882 of 2021 Arising Out of PS. Case No.-211 Year-2020 Thana- NAWADA MUFFASIL District- Nawada ====================================================== 1.

Vijay Yadav S/O Satyendra @ Sato Yadav @ Satendra Yadav Resident of Village - Baratpura, P.S. - Mufassil, District - Nawada. 2.

Jaynandan Yadav S/O Bisundeo Yadav Resident of Village - Baratpura, P.S. - Mufassil, District - Nawada.

3.

Uddal Yadav S/o Musafir Yadav Resident of Village - Baratpura, P.S. - Mufassil, 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 SUNIL KUMAR PANWAR ORAL ORDER 14-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 30(a)(d) of the Bihar Prohibition & Excise Act.

Patna High Court CR. MISC. No.18882 of 2021(2) dt.14-12-2021 2/3 Learned counsel for the petitioners seeks permission to withdraw the petition with regard to petitioner Nos. 2 and 3 namely Jaynandan Yadav and Uddal Yadav since they have been arrested.

Permission is accorded.

Accordingly, the petition with regard to petitioner Nos. 2 and 3 is permitted to be withdrawn. There is recovery of 60 litres of spirit from an abandoned hut.

It is submitted by learned counsel for the petitioner No. 1 that he was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner No. 1. Moreover, the petitioner has no concerned either with the seized article or the hut. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four

Patna High Court CR. MISC. No.18882 of 2021(2) dt.14-12-2021 3/3 weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II-cumSpecial Judge, Nawada in connection with Muffasil P.S. Case No. 211 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T