Niraj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58731 of 2023 Arising Out of PS. Case No.-78 Year-2023 Thana- YADOPUR District- Gopalganj ====================================================== 1.
Niraj Yadav, Male, aged about 25 Yrs, Son of Dhrup Yadav VillageHirapakar, Ps- Jadopur, Dist- Gopalganj 2.
Pintu Yadav, Male, aged about 23 Yrs, Son of Paras Yadav @ Pras Yadav @ Parasa Yadav Village- Mahediya, Ps- Jadopur, Dist- Gopalganj ... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Gauri Shankar Gupta, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-09-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Jadopur (Yadopur) P.S. Case No. 78 of 2023 dated 16.04.2023, instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. The prosecution case, in brief, is that on 16.04.2023, the informant got a secret information that the petitioner along with two other co-accused persons are bringing wine from boat through the way of U.P. Gandak river and the said wine is kept hidden in the bush at the bank of Gandak river. On the basis of said information, the informant with other police personnel reached there. On seeing the police, three persons trying to flee away. On suspicion, the police chased them but
Patna High Court CR. MISC. No.58731 of 2023(2) dt.20-09-2023 2/3 they managed to flee away by taking benefit of dense bush. Thereafter, on search, total 189 liter Banti Babli country-made wine was recovered from 21 cartons, which was kept in the bush and sand. It is further alleged that the local farmers have disclosed the name of fled persons as Niraj Yadav (petitioner no.1), Ranjit Yadav and Pintu Yadav (petitioner no. 2).
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. From perusal of record, it appears that 189 liter Banti Babli country-made liquor was recovered from the bush and sand. It is further submitted that petitioner has no concern with the said liquor. There is no material against the petitioners except a vague allegation that the petitioners were identified by the local farmers. Only on the basis of suspicion, the petitioners have been dragged in this case. Lastly, it has been submitted that petitioners have clean antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Jadopur P.S. Case No.
Patna High Court CR. MISC. No.58731 of 2023(2) dt.20-09-2023 3/3 78 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-Cum-Special Judge Excise, Court No.-I, Gopalganj, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) annpurna/- U T