Birbal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3066 of 2020 Arising Out of PS. Case No.-160 Year-2019 Thana- MANJHAGARH District- Gopalganj ====================================================== Birbal Yadav, S/O Sakaldeo Yadav, Resident of Village - Mirzapur, P.S. - Barauli, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Manjhagarh P.S. Case No. 160 of 2019, registered under Sections 332, 333, 353 and 307/34 of the Indian Penal Code and Sections 30(a), 41 and 45 of the Bihar Excise Act, 2016 and Section 27 of the Arms Act.

The accusation is of recovery of 19264 bottles containing 3467.520 litres Indian made foreign liquor from the truck and one Scorpio. At that time, in the headlight of police vehicle, 22 persons were seen fleeing away from there, out of whom, nine persons including the petitioner were identified. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.3066 of 2020(3) dt.13-02-2020 2/2 petitioner is accused in two other cases in similar nature of that case due to that reason, police implicated him in the present case. Further submission is that petitioner is neither owner nor the driver of the seized vehicle.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge, Gopalganj, in connection with Manjhagarh P.S. Case No. 160 of 2019. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T