Kailu Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20757 of 2016 Arising Out of PS.Case No. -38 Year- 2016 Thana -GAYA MUFFSIL District- GAYA ======================================================
1. Kailu Yadav S/o Late Bhagwat Yadav,
2. Babu Yadav, son of Kailu Yadav,
3. Arjun Yadav son of Saggun Yadav All residents of village- Kaiya, P.S.- Mufassil (Gaya), District- Gaya .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sourendra Pandey, Adv. For the Opposite Party/s : Mr. Anil Pd. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-05-2016 Heard both sides.
The petitioners apprehend their arrest in Mufassil P.S. Case No. 38/2016, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 47(A) of the Excise Act.
The informant is said to have raided Kaiya village and recovered country made liquors and utensils.
It is submitted that the villagers disclosed that the country made liquor and articles for preparing the same belong to the petitioners. From the seizure list itself, it transpired that it is recovered from the field and the field does not belong to the petitioners. There is nothing on record to show that the petitioners
Patna High Court Cr.Misc. No.20757 of 2016 (2) dt.19-05-2016 2/2 had kept utensils for preparing country made liquor. Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to 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 the learned Chief Judicial Magistrate, Gaya in connection with Muffassil P.S. Case No. 38/16, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T