Upadhaya Singh @ Upadhayaya Singh @ Upadhya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79948 of 2019 Arising Out of PS. Case No.-379 Year-2019 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

UPADHAYA SINGH @ UPADHAYAYA SINGH @ UPADHYA Son of Ram Pravesh Singh Resident of Village - Mahat Baniya, P.S.- Udwant Nagar, District - Bhojpur 2.

Krishana Yadav Son of Mahendra Yadav Resident of Village - Mahat Baniya, P.S.- Udwant Nagar, District - Bhojpur 3.

Lala Yadav Son of Joka Yadav Resident of Village - Mahat Baniya, P.S.- Udwant Nagar, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-12-2019 Heard learned counsel for the parties.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

Informant who is police officer has alleged in his written report that he received confidential information that some miscreants are preparing illicit liquor on the Western Bank of Banas River and on receipt of said information when he reached the place of occurrence, miscreants assembled there fled away. Local Chowkidar identified the petitioners who fled away. 1 Litre of illicit mahua

Patna High Court CR. MISC. No.79948 of 2019(2) dt.09-12-2019 2/2 wine was recovered from the spot and 1000 litres was destroyed on the spot.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case due to animosity. Nothing has been recovered from the possession of the petitioners. Petitioners have got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on anticipatory bail in the event of their arrest or surrender before the court below within a period of four weeks from today upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Excise Case No. 1936 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(S. Kumar, J) ranjan/- U