Munni Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6010 of 2017 Arising Out of PS.Case No. -622 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Munni Yadav, S/o-Shyam Sundar Yadav, Resident of Village-Barhi, Kabaiya.

2. Tuntun Yadav, S/o Late Arjun Yadav, Resident of Village-Choti Kabaiya, Both are, Police Station-Kabaiya District-Lakhisarai .... .... Petitioners

Versus

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

For the Petitioners : Mr. Amrendra Kumar, Advocate For the Opposite Party : Mr. Ashok Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 22-02-2017 Heard.

The petitioners are in custody in connection with Lakhisarai (Kabaiya) P.S.Case No.622 of 2016 registered for an offence under Sections 272, 273 and 290 of the IPC and Sections 30(A), 32(C) and 38(B) of the Bihar Excise (Amendment) Act. The allegation against the petitioners is that they were apprehended by the police while carrying 15 bottles of foreign liquor on his shoulder.

Learned counsel for the petitioners submits that nothing has been recovered from their possession and they have been implicated merely on suspicion. The alleged seizure list neither bears the signature of any independent witness nor the

Patna High Court Cr.Misc. No.6010 of 2017 (2) dt.22-02-2017 2/2 petitioners. The seizure list witnesses are home guards who were members of raiding party.

However, learned APP opposed the prayer for bail. Considering the nature of allegation, facts and circumstances of the case, the above named two petitioners are directed to 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 CJM, Lakhisarai in connection with Lakhisarai (Kabaiya) P.S.Case No.622 of 2016. (Sanjay Kumar, J) B.Kr./- U T