Patna High Court - Orders
Vishnu Yadav vs The State Of Bihar on 19 February, 2021
Author: Rajendra Kumar Mishra
Bench: Rajendra Kumar Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27903 of 2020
Arising out of PS. Case No.-11 Year-2020 Thana- ARA MUFFSIL District- Bhojpur
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1. Vishnu Yadav S/o Shivjee YadavResident of Village-Kaushik Dularpur, P.S-
Ara Muffasil, District-Bhojpur.
2. Dhuran Yadav S/o Shivjee Yadav Resident of Village-Kaushik Dularpur, P.S-
Ara Muffasil, District-Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
3 19-02-2021As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office vide its notes dated 09.10.2020, within fours weeks of starting of Court proceeding in physical mode.
Let name of father of the petitioners be corrected in the petition as Shivjee Yadav in place of Late Ram Das Yadav as mentioned in paragraph 2 of the supplementary affidavit filed on behalf of the petitioners.
Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Ara (M) P.S. Case No. 11 of 2020, registered under Patna High Court CR. MISC. No.27903 of 2020(3) dt.19-02-2021 2/3 Sections 147, 148, 149, 323, 324,325, 341, 342, 353, 333, 354, 337, 338, 379, 427 and 307 of the Indian Penal Code, Sections 30(a) and 45 of Bihar Prohibition & Excise Act and Section 25(1AB) of the Arms Act.
The accusation is that on receiving secret information about illicit liquor business in village Kaushik Dularpur by Sunil Yadav, petitioners and his father, Shivjee Yadav, the informant along with other police personnel proceeded there and in front of house of Shivjee Yadav and his son Sunil Yadav two tempos were found in standing condition loaded with illicit liquor. On search of one tempo bearing Regn. No. BR-03P-7864 two cartoons each containing 48 bottles of 180 ml and another tempo bearing Engine No. A2CO 612696 two cartoons each containing 48 bottles of 180 ml foreign liquor were recovered. The house of Sunil Yadav and his father Shivjee Yadav was also searched from where 10 cartoons each containing 12 bottles of 750 ml, 30 cartoons each containing 24 bottles of 375 ml, 46 cartoons each containing 48 bottles of 180 ml Indian Made foreign liquor were recovered. Shivjee Yadav and Shanti Devi, the parents of the petitioners were also apprehended from there.
Submission of learned counsel for the petitioners is that both the petitioners who are also son of Shivjee Yadav have Patna High Court CR. MISC. No.27903 of 2020(3) dt.19-02-2021 3/3 falsely been implicated in this case being the son of Shivjee Yadav as it is apparent from the FIR itself that the joint house of Shivjee Yadav and his son Sunil Yadav was searched from where alleged Indian made foreign liquor was recovered from where Shivjee Yadav and Shanti Devi were apprehended.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV-cum-Special Judge, Bhojpur at Ara in connection with Ara Muffasil P.S. Case No. 11 of 2020, subject to the condition as laid down under Section438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Vikash/-
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