Patna High Court - Orders
Mannu Yadav @ Abhimanyu Yadav vs The State Of Bihar on 6 May, 2022
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22325 of 2022
Arising Out of PS. Case No.-477 Year-2021 Thana- GOGRI District- Khagaria
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1. MANNU YADAV @ ABHIMANYU YADAV Son of Gunsagar Yadav
Resident of Village - Goraiya Bathan, P.S. - Gogari, District - Khagaria
2. Srilal Yadav Son of Kamli Yadav Resident of Village - Goraiya Bathan, P.S.
- Gogari, District - Khagaria
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 06-05-2022Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.
The petitioners are apprehending their arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 21 liters wine is recovered.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no Patna High Court CR. MISC. No.22325 of 2022(2) dt.06-05-2022 2/3 allegation of tampering of witnesses alleged against the petitioners. It is alleged that 21 liters wine is recovered from the bamboo clump of petitioner no. 1. The name of the petitioner no. 1 has transpired as the recovery is made from the bamboo clump belonging to the joint family of the petitioner no. 1 whereas the name of the petitioner no. 2 has transpired on the basis of disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioners has placed reliance upon the order dated 13.04.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar).
On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of Patna High Court CR. MISC. No.22325 of 2022(2) dt.06-05-2022 3/3 the like amount each to the satisfaction of learned Special Excise Judge-1st, Khagaria in connection with Gogari P.S. Case No. 477/2021, G.R. No. 3410/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Pankaj/-
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