IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16910 of 2009 SAROJ YADAV son of Sachidanand Yadav, resident of village-Thatha, P.s.:-Mansi, District-Khagaria ……………. Petitioner Versus STATE OF BIHAR ……………. Opposite Party ----------- 2 15.05.2009 Heard counsel for the petitioner and counsel for the State. Ordinarily, the petitioner having been made named accused in the F.I.R. under Sections 420 of the I.P.C. and 47 of the Excise Act, with direct allegations of being manufacturer of illicit liquor in course of its recovery in form of 725 pouches and other materials from conscious possession of co-accused Tara Kant Yadav and Rajesh Kumar Rajak would not have even entitled for granted of privilege of anticipatory bail because it is serious offence against the society. Counsel for the petitioner however, would submit that save and except the confession of the two co-accused persons the owner of the vehicle and the driver of the vehicle from which huge quantity of illicit liquor was recovered, there is no other material to connect the petitioner in this case. 2 If that be so, the Court below, on surrender of the petitioner Saroj yadav, within four weeks from today, would verify this fact and if there be no other material to implicate the petitioner save and except the confession of co-accused, the petitioner namely, Saroj Yadav shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand ) with two sureties of the like amount each to the satisfaction of learned C.J.M. Khagaria in connection with Gogri P.S. Case No. 8/09 G.R. No. 106/09 subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure. Bibhash (Mihir Kumar Jha, J.)