Mantu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4723 of 2020 Arising Out of PS. Case No.-167 Year-2019 Thana- KARAHGAR District- Rohtas ====================================================== MANTU YADAV Son of Raj Vansh Singh Resident of Village - Belaspur, P.S.- Karghar, Dist.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagendra Prasad For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Karghar P.S. Case No. 167 of 2019, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition & Excise Act.

The allegation is regarding huge quantity of illicit liquor having been recovered by the police from a truck and during the course of investigation, it transpired that the petitioner is also the person, who had fled away from the spot.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in present case. It is submitted that though, the petitioner is an accused in one other case, but he is on bail in the said case. It is further

Patna High Court CR. MISC. No.4723 of 2020(2) dt.23-01-2020 2/2 submitted that the petitioner is languishing in custody since 5.11.2019. Lastly, the learned counsel for the petitioner has referred to paragraph no. 9 of the present petition to submit that the petitioner is neither the owner of the truck nor has been apprehended with the illicit liquor from the spot, hence, no illicit liquor has been recovered from the conscious possession of the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, coupled with the fact that no recovery of illicit liquor has been made from the conscious possession of the petitioner and the truck does not belong to the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd A.D.J. cum Special Judge, Excise Rohtas at Sasaram in connection with Kargahar P.S. Case No. 167 fo 2019.

(Mohit Kumar Shah, J) Ajay/- U T