Musafir Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78307 of 2018 Arising Out of PS. Case No.-122 Year-2018 Thana- IMAMGANJ District- Gaya ======================================================

1. Musafir Yadav Son of Hari Yadav

2. Vikash Yadav Son of Rambali Yadav Both Resident of Village - Jagandih,P.S.- Pratappur, District- Chatara (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2019 This is an application for grant of anticipatory bail in connection with Imamganj P.S. Case No. 122 of 2018, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act.

Allegation is of recovery of 260 liter Mahua liquor from a vehicle and driver was arrested and he disclosed the names of these petitinoers.

Submission of learned counsel for the petitioners is that nothing has been recovered from the possession of the petitioners and they have named only on the basis of confessional statement of co-accused person. Further, they have no criminal antecedents.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.78307 of 2018(2) dt.08-01-2019 2/2 Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Gaya, in connection with Imamganj P.S. Case No. 122 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Amjad/- U T