Ramdeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65039 of 2019 Arising Out of PS. Case No.-52 Year-2019 Thana- NIMACHANDPURA District- Begusarai ====================================================== 1.

RAMDEO YADAV S/o Late Multani Yadav Resident of Village- Pokharia, P.S.- Ballia, District- Begusarai.

2.

Anil Yadav S/o Ramdeo Yadav Resident of Village- Pokharia, P.S.- Ballia, District- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2019 Petitioners seek bail in anticipation of their arrest in connection with Nimachandpura P.S. Case No. 52 of 2019, registered for the offences punishable under Section 30 (a)/ 30 (d) of the Bihar Prohibition and Excise Act, 2016. As per F.I.R. police got information that the petitioners are engaged in manufacturing of the illicit liquor on that information police reached near the place of occurrence but seeing the police petitioner fled away and there is recovery of illicit liquor, one motorcycle and manufacturing articles from the place of occurrence.

Submission of the learned counsel for the petitioners is that recovered motorcycle does not belong to the petitioners

Patna High Court CR. MISC. No.65039 of 2019(2) dt.18-10-2019 2/2 and even the field does not belong to the petitioners, they have been falsely implicated in this case, if possibly on same day. On the other hand, learned A.P.P. has opposed the prayer of bail on the ground that they are named in the F.I.R. Having heard both sides, in view of the allegation as discussed above, I am not inclined to grant privilege of anticipatory bail to the petitioners, however, the petitioner is directed to surrender before the learned Court below and make prayer for regular bail and learned Court below shall verify the above submission that the place of occurrence does not belong to the petitioner and even source of information received by the police and age of petitioner no.1 and considering the same learned court below shall pass an order without being prejudice by this order.

With the aforesaid, this application is disposed of. (Vinod Kumar Sinha, J) T.Kr./- U T