Sanjay Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51150 of 2018 Arising Out of PS.Case No. -229 Year- 2018 Thana -GAYA MUFASIL District- GAYA ======================================================

1. Sanjay Yadav, S/o Valkeshwar Yadav, R/o Vill.- Dubhal Tola- Belahi, P.S.- Magadh Medical, District- Gaya.

2. Ranjeet Kumar @ Govind Sao S/o Kanhai Sao, R/o Vill.- Pareva, P.S.- Bodhgaya, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-08-2018 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

61.500 litres of foreign liquor is said to have been recovered from the four wheeler and the petitioners were apprehended in the course of escaping from the said vehicle while four other accused persons managed to escape. 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.51150 of 2018 (2) dt.20-08-2018 2/2 concern either with the seized liquor or vehicle in question. 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 and real culprit managed to escape leaving the aforesaid liquor laden vehicle there seeing the police personnel. Though one more case under Excise Act has been lodged against each of the petitioners, but they are on bail in the aforesaid cases. They have been languishing in custody since 11.07.2018.

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 Mufassil P.S. Case No. 229 of 2018.

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