Budhan Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 36674 of 2018 Arising Out of PS. Case No.-101 Year-2018 Thana- Bypass District- Patna ======================================================
1. Budhan Yadav, aged about 35 Years, S/o Vidyanand Yadav @ Vidhi Yadav,
2. Guddu Yadav aged about 30 Years, S/o Bhallu Yadav @ Subhash Prasad, Both Residence of Vill.- Ranipur Paijaba, P.S.- Bypass, DistrictPatna. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Nirmal Kumar For the Opposite Party/s :
Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-06-2018 Heard Sri Nirmal Kumar, learned counsel for the petitioners and Smt. Anita Kumari Singh, learned Addl. Public Prosecutor.
Two petitioners, having clean antecedent which fact has been stated in paragraph - 3 of the petition apprehending their arrest in Bypass P.S. Case No. 101 of 2018 registered for offence under Section 37(c) of Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail in the event of their arrest or surrender.
Learned counsel for the petitioners submits that in this case, petitioners have falsely been implicated on the basis of so called confessional statement of one of the accused, who was
Patna High Court Cr.Misc. No.36674 of 2018(2) dt.29-06-2018 2/2 apprehended by the police, as if, petitioners had consumed liquor. He submits that from the mouth of the person, who was apprehended by the police, name of petitioners was obtained, as if, petitioners had also consumed liquor and fled away. Considering the nature of accusation as well as clean antecedent, in the event of their arrest or surrender within a period of six weeks from today, let both petitioners namely Budhan Yadav and Guddu Yadav be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Bypass P.S. Case No. 101 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
(Rakesh Kumar, J.) anay U T