Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6176 of 2024 Arising Out of PS. Case No.-277 Year-2023 Thana- KHAIRA District- Jamui ====================================================== Manoj Yadav SON OF NARESH YADAV Village -Kendua Tari, P.S. -Sono, (Charkapathar) Dist.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Sinha For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 90 litres of liquor from two motorcycles, that is, 45 litres from each motorcycle.

4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is also submitted that petitioner came to be implicated being owner of one of the motorcycles. It is further submitted that no prudent person

Patna High Court CR. MISC. No.6176 of 2024(2) dt.16-02-2024 2/2 would use his own vehicle for committing an act and thus would create evidence against himself. It is next submitted that petitioner was completely unaware that his friend Bablu, who was arrested from the spot, would misuse the vehicle in the manner as alleged. It is next submitted that petitioner admittedly is a person with clean antecedents.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Khaira P.S. Case No. 277 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T