Mantu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5201 of 2019 Arising Out of PS. Case No.-384 Year-2018 Thana- MAIRWAN District- Siwan ====================================================== MANTU YADAV s/o Suresh Yadav @ Suresh Chaudhry Resident of VillageMakariar, P.S.-Dhanauti O.P., District -Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-02-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Mairwa P.S. Case No. 384/2018, instituted for offences under Section(s) 272, 273, 308 and 34 of the Indian Penal Code read with Sections 30(a), 38(1) and 41(1) of the Bihar Prohibition and Excise Act, 2016. It is alleged in the written report that on getting secret informant, police party reached at the place of occurrence and intercepted one Scorpio vehicle. Seeing the police party two persons managed to run away after leaving the vehicle. Thereafter local people gathered there who identified one of accused person. On search the police recovered total 345 litres and 600 ml. of foreign liquor from aforesaid vehicle. Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.5201 of 2019(2 ) dt.05-02-2019 2/2 there is no recovery of any incriminating article from possession of this petitioner.

It is mentioned in para 3 of bail petition that one more case under Excise Act is pending against petitioner. Petitioner is in custody since 29.11.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail 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 learned 2nd Addl. Sessions Judge-cum-Special Judge, Excise, Siwan in connection with Mairwa P.S. Case No. 384/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. The petitioner will file affidavit at the time of release that he would not indulge himself in such type of activity in future. In the event, he is found indulged in such type of activity, his bail bond will liable to be cancelled.

(Sanjay Priya, J) rakhi/- U T