Gunjan Kumar Yadav @ Gunjan Yadav And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44824 of 2018 Arising Out of PS. Case No.-224 Year-2018 Thana- GHORASAHAN District- East Champaran ======================================================

1. Gunjan Kumar Yadav @ Gunjan Yadav, S/o Late Ramadhar Yadav @ Ramadhar Rai, R/o Vill.- Basatpur, P.S.- Kundwachainpur, District- East Champaran.

2. Rambabu Yadav @ Rambabu Kumar Yadav S/o Sri Rajendra Prasad Yadav, R/o Vill.- Barwa Bhagwanpur, P.S.- Kundwachainpur, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Ghorasahan P.S. Case no. 224 of 2018 registered under Sections 272, 273, 414, 120(B), 34 of I.P.C. and Section 30(a) of Bihar Excise and Prohibition Act-2016.

630 lts. of Nepali Saufi wine is said to have been recovered from Bolero vehicle and its driver and passengers sitting on the vehicle managed to escape. As per input of spy, petitioners happen to be facilitator of passing of liquor on road. It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.44824 of 2018(2) dt.24-07-2018 2/2 petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. They have no concern either with the seized liquor or with the vehicle in question or with any trade of liquor. They have been falsely implicated in this case at the instance of their enemies. The identity and genuineness of sources of information has not been mentioned in the self statement of the informant. Petitioner no. 1 has no criminal antecedent while one more criminal case has been lodged against the petitioner no. 2, but he is on bail in the said case. They have been languishing in custody since 9.06.2018.

In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, East Champaran, Motihari in connection with Ghorasahan P.S. Case no. 224 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T