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Radheshayam Yadav @ Radheshayam Singh v. The State of Bihar

Patna HC21 Apr 2023CR. MISC./12433/2023

Case brief

AI extract

What is this about?

Anticipatory bail sought by a petitioner facing arrest under the Bihar Prohibition and Excise Act after recovery of 90 liters wine. The court granted anticipatory bail on bail bonds with two sureties, subject to Section 438(2) CrPC conditions, within twelve weeks.

What did the court decide?

Anticipatory bail granted on bail bonds of Rs.10,000 with two like sureties, subject to Section 438(2) CrPC conditions, upon arrest/surrender within twelve weeks.

Radheshayam Yadav @ Radheshayam Singh Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12433 of 2023

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Arising Out of PS. Case No.-422 Year-2022 Thana- UDWANTNAGAR District- Bhojpur

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======================================================

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Radheshayam Yadav @ Radheshayam Singh Son Of Late Sidheshwar Yadav R/V- Asani, P.S- Udwant Nagar, Dist- Bhojpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar, Advocate For the Opposite Party/s : Mr.Ajay Kumar No. 2, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 21-04-2023

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner is apprehending his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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The prosecution case, in short, is that 90 liters wine is recovered.

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It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 90 liters wine is recovered by the side of the road. The name of the petitioner has transpired on the basis of secret information as per F.I.R.. The source and genuineness of the secret information has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in

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Patna High Court CR. MISC. No.12433 of 2023(2) dt.21-04-2023 2/2

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this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioner 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).

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On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

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Considering the aforesaid facts and circumstances, let the petitioner, 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) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 2, Bhojpur, Ara in connection with Udwantnagar P.S. case No. 422 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sudhir Singh, J)

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Pankaj/-

¶22

U T

Radheshayam Yadav @ Radheshayam Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Radheshayam Yadav @ Radheshayam Singh v. The State of Bihar

Case brief

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