Amit Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51204 of 2016 Arising Out of PS.Case No. -230 Year- 2016 Thana -ALOULI District- KHAGARIA ======================================================
1. Amit Yadav
2. Abhinash Yadav both sons of Lalbahadur Yadav, resident of village Ladaura, P.S. Alauli, District Khagaria .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhim Kumar Yadav, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2016 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Section 201 of the Indian Penal Code and Sections 47/54/57 of the Bihar Excise (Amendment) Act, 2016. The prosecution case in brief is that on secret information that the petitioners have concealed huge quantity of foreign wine in the field of Ram Chandra Chaudhary and Rajdeo Singh, the informant along with police force proceeded to village Burhwa and recovered 215 bottles foreign wine of 375 ml and 336 bottles foreign wine of 180 ml from the field of Ram Chandra Chaudhary and 168 bottles foreign wine of 375 ml from the field of Rajdeo Singh.
It has been submitted on behalf of the petitioners that
Patna High Court Cr.Misc. No.51204 of 2016 (2) dt.29-11-2016 2/2 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 383 bottles foreign wine of 375 ml and 336 bottles foreign wine of 180 ml are said to have been recovered from the open field. The petitioners have got no concern with the said foreign liquor. 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) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria in connection with Alauli P.S. case No.230 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T