Girish Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 23009 of 2018 Arising Out of PS. Case No.-88 Year-2018 Thana- Government Official Comp. District- West Champaran ======================================================

1. Girish Yadav, S/o Mahesh Yadav,

2. Munshi Yadav, S/o Late Puran Chandra Yadav, Both resident of Village- Purbi Gonauli, P.S.- Bettiah Mufassil, Dist- West Champaran.

3. Tuntun Shukla, S/o Late Ramadhar Shukla, Resident of VillageJhakhiya Tola, P.S.- Bettiah Mufassil, Dist- West Champaran. ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

23-04-2018 Heard Sri Sanjeev Kumar, learned counsel for the petitioners and Sri Panchanand Pandit, learned Addl. Public Prosecutor.

Three petitioners, apprehending their arrest in connection with Excise Case No. 88 of 2018 (C.I.S. EX-954/18) registered for offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail in the event of their arrest or surrender.

By way of referring to F.I.R., learned counsel for the petitioners submits that only on secret information, a raid was conducted by police party in a hut beside the road and petitioners were arrayed as accused, as if, they were involved in

Patna High Court Cr.Misc. No.23009 of 2018(2) dt.23-04-2018 2/2 selling the foreign liquor. He submits that it is true that from the said hut, huge quantity of indian make foreign liquor to the tune of about 54 liter was recovered, but all the petitioners are having clean antecedent, as stated in paragraph - 3 of the petition, and due to village politics, they have been arrayed as accused. Besides hearing, I have also examined the materials on record and considering the fact that no sufficient material was collected against the petitioners and their clean antecedent, in the event of arrest or surrender within a period of six weeks from today, let all the petitioners namely (1) Girish Yadav, (2) Munshi Yadav and (3) Tuntun Shukla be enlarged 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 learned Special Judge, Excise, Bettiah, West Champaran in connection with Excise Case No. 88 of 2018 (C.I.S. EX-954/18) subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T