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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20833 of 2018 Arising Out of PS. Case No.-134 Year-2017 Thana- KHAJAULI District- Madhubani ======================================================

1. Mukesh Yadav @ Mukesh Kumar @ Mukesh Kumar Yadav, S/o Ram Kumar Yadav, R/o Village- Kamla Bari, P.S.- Jai Nagar, District- Madhubani.

2. Indrajeet Yadav @ Indrajeet Kumar Yadav, S/o Ram Awtar Yadav, R/o Village- Kamlabari, P.S.- Jainagar, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 540 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The names of the petitioners have transpired on the basis of disclosure made by the co-accused namely Ranjeet Kumar. Except for this, there is no other substantive evidence to

Patna High Court Cr.Misc. No.20833 of 2018(2) dt.12-04-2018 2/2 suggest the implication of the petitioners in this case. It is alleged that 540 liters wine is recovered from Bolero car in question. The Bolero car in question does not belong to the petitioners. 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./complaint case. 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 Additional Sessions Judge-II-cum- Special Judge, Excise Act, Madhubani in connection with Khajauli P.S. Case No. 134 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T