Vijay Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40485 of 2018 Arising Out of PS.Case No. -175 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ======================================================

1. Vijay Yadav, Son of Naresh Yadav, resident of Village Kothbara, P.S.- Dobhi, District- Gaya.

2. Bulbul Tiwary, Son of Yogendra Tiwary, resident of village- Amarut, P.S.- Dobhi, District- Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kunwar Narayan Jamuar For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered for the offence punishable under Sections 30(A) and 56 (A) of the Bihar Prohibition and Excise Act, 2016.

50 litres of country made liquor is said to have been recovered from the motorcycle of the petitioners and the petitioners sitting on the said motorcycle were apprehended. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. They have no

Patna High Court Cr.Misc. No.40485 of 2018 (3) dt.16-07-2018 2/2 concern with the seized liquor. They have been falsely implicated in the case by the police merely on suspicion while they were passing through the place of occurrence at the time of occurrence while the real culprit managed to escape dumping the aforesaid liquor there. They have no criminal antecedent. They have been languishing in custody since 12.05.2018.

Considering the facts aforesaid, the above named petitioners 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 Special Judge, Excise, Gaya in connection with Excise P.S. Case No. 175 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T