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Patna High CourtCR. MISC./3066/2019allowed

Manoj Yadav v. The State Of Bihar

2019-01-23Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3066 of 2019 Arising Out of PS. Case No.-258 Year-2018 Thana- OBRA District- Aurangabad ====================================================== Manoj Yadav Son of Sahdev Singh, Resident of Village Mastalichak, PS Obra, District Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Anand For the Opposite Party/s :

Mrs.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Obra PS Case No. 258 of 2018 for the alleged offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has been made accused in the instant case as an associate of Satish Yadav in front of whose house the liquor was seized. Learned counsel further submits that petitioner has no concern either with the truck or the liquor kept inside the truck. He submits that petitioner is in custody since 30.11.2018. Considering the fact that liquor was recovered from

Patna High Court Cr.Misc. No.3066 of 2019(2) dt.23-01-2019 2/2 the truck kept in front of the house of Satish Yadav, this application is allowed. Let the petitioner, above named, 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 the Special Judge, Excise Act, Aurangabad in connection with Obra PS Case No. 258 of 2018 subject to the condition that both the bailors should be elected representatives of the local body.

(Anil Kumar Upadhyay, J) mrl./- U T