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Patna High CourtCR. MISC./79729/2019allowed

Ramdeo Yadav v. The State Of Bihar

2020-06-09Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79729 of 2019 Arising Out of PS. Case No.-973 Year-2019 Thana- BIHTA District- Patna ====================================================== 1.

RAMDEO YADAV, aged about 60 years, Gender Male 2.

Surendra Yadav, aged about 48 years, Gender Male Both S/o Late Rajaram Yadav 3.

Pintu Yadav, aged about 25 years, Gender Male, Son of Rajdeo Yadav 4.

Lalan Yadav, aged about 28 years, Gender Male, Son of Ramdeo Yadav All are resident of Village- Itawan, P.S.- Bihta, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Adv.

For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 09-06-2020 Heard learned counsel for the petitioners as well as learned A.P.P.

Learned counsel for the petitioners seeks withdrawal of the instant petition relating to petitioner no.1 Ramdeo Yadav as well as petitioner no.4 Lalan Yadav as they have been apprehended during midst of pendency of the instant petition. The prayer is allowed. The instant petition relating to petitioner no.1 Ramdeo Yadav as well as petitioner no.4 Lalan Yadav is dismissed as withdrawn.

Now this petition remains alive relating to petitioner no.2 Surendra Yadav as well as petitioner no.3 Pintu Yadav. The informant, a police official, filed a written report putting an allegation that after having been informed regarding

Patna High Court CR. MISC. No.79729 of 2019(2) dt.09-06-2020 2/2 preparation of country made wine (Mahua), they reached to Ajgara river, raid was conducted and during course thereof, utensils being used for preparation of wine alongwith 15 litres of semi prepared Mahua wine has been recovered. The persons, who were present there, as alleged, ran away. It has also been disclosed that on query from the villagers they were identified as Surendra Yadav, Ramdeo Yadav, Pintu Yadav, Lalan Yadav. In the aforesaid facts and circumstances of the case as well as considering the principles laid down by the Full Bench of this Court in the case of Ram Vinay Yadav vs. the State of Bihar, reported in 2019(2) PLJR 1089, let petitioner no.2 Surendra Yadav and petitioner no.

3 Pintu Yadav, in the event of their arrest or surrender before the court below within four weeks from today, be released 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 Special Judge, Excise, Patna in Bihta P.S.Case No. 973/2019 corresponding to Special Case No. 9638/2019, subject to the conditions as laid down under section 438(2) Cr.P.C.

(Aditya Kumar Trivedi, J) Surendra/- U