Satya Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10081 of 2020 Arising Out of PS. Case No.-368 Year-2019 Thana- MANJHI District- Saran ====================================================== SATYA PRAKASH YADAV, Son of Budhan Yadav Resident of Village - Gobrahi, P.S.- Daudpur, Distt.- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Narendra Kumar For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Manjhi P.S. Case No. 368 of 2019, registered under Sections 30, 30(A), 38(i)(ii) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that on receiving the secret information about unloading the liquor at the poultry farm of Kamlesh Yadav, informant along with other Police personnel reached there then saw one truck was standing there and near the truck, three persons were present, while they tried to flee away, but on chase they were apprehended, who disclosed their names Naresh Kumar, Sanjeev Kumar and Kamlesh Yadav. On search, 4147.200 liters Indian made foreign liquor

Patna High Court CR. MISC. No.10081 of 2020(2) dt.02-03-2020 2/2 kept in 480 cartons recovered. It is alleged that co-accused Kamlesh Yadav disclosed that out of the 480 cartons, hundred cartons belongs to the petitioner.

Learned counsel for the petitioner submits that petitioner was not apprehended on the spot, rather, his name surfaced in the confessional statement of Kamlesh Yadav to the effect that 100 cartons belongs to the petitioner. The petitioner has no criminal antecedent and he is in custody since 23.12.2019.

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 Addl. Sessions Judge-cum-Special Judge, Excise, Saran in connection with Manjhi P.S. Case No. 368 of 2019.

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