Nirmal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68170 of 2019 Arising Out of PS. Case No.-159 Year-2019 Thana- CHANDI District- Bhojpur ====================================================== 1.

Nirmal Yadav (Male), aged about 40 years Son of Chandradeo Yadav 2.

Arun Kumar (Male), aged about 35 years, Son of Late Butan Yadav 3.

Abhishak Kumar @ Langa Yadav (Male), aged about 18 years, Son of Raminta Yadav 4.

Amarjeet Yadav (Male), aged about 22 years, Son of Vijendra Yadav 5.

Nav Rang Kumar (Male), aged about 25years, Son of Kameshwar Singh 6.

Umesh Yadav @ Fudur (male), aged about 22 years, Son of Late Rekha Yadav 7.

Nagendra Yadav @ Gener Yadav( Male), aged about 25 years, Son of Late Rekha Yadav All Residents of Village - Salempur, P.S.- Chandi, Distt.- Bhojpur. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Rama Kant Singh For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-11-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners apprehend their arrest in connection with Chandi P.S. Case No.159 of 2019, registered for the offence under Sections 30(a), 30(d) of the Bihar Prohibition and Excise Act, 2016 and Sections 272, 273/34 of the Indian Penal Code. Accusation is that while the informant along with police personnel was on patrolling duty, they reached near Kumhari

Patna High Court CR. MISC. No.68170 of 2019(2) dt.15-11-2019 2/2 river, on seeing the police party, 10-12 persons started fleeing away and succeeded in fleeing away taking advantage of water in the river. On query, neighbours disclosed their names, which includes petitioners, who were engaged in preparing liquor. On search , the police personnel seized 1000 liters Java Mahua, 30 liters country made mahua liquor as well as equipment meant for preparing liquor.

Submission is that petitioners were not apprehended on the spot and due to village politics and enmity, petitioners were made accused and petitioners have no criminal antecedent. Having considered the facts and circumstances of the case as well as nature of accusation, let the petitioners, above named, in the event of their arrest or surrender within six weeks from today, 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 the 4th Additional Sessions Judge-cum-Special Judge, Excise, Bhojpur at Ara in connection with Chandi P.S. Case No.159 of 2019, subject to conditions as laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J.) nawalkrs/- U T