Manoj Yadav @ Manoj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9926 of 2022 Arising Out of PS. Case No.-374 Year-2021 Thana- WARISLIGANJ District- Nawada ====================================================== Manoj Yadav @ Manoj Kumar Yadav Son Of Basudev Yadav Resident Of Village - Indarwa Basti, P.S.- Jhumri Tilaiya, Distt.- Koderma (Jharkhand), ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Warsaliganj P. S. Case No.374 of 2021, instituted for the offences under Sections 30(a), 41 of the Excise Act, 2016. The learned counsel for the petitioner submits that the petitioner is in custody since 13.12.2021, charge-sheet has been submitted in the case and has antecedent of three cases. Allegation is of total recovery of 2848.74 litre of liquor from a truck.

The learned counsel for the petitioner submits that neither the petitioner was arrested from the spot, nor he was named in the F.I.R. His name transpired in the confessional statement of co-accused which has no evidentiary value.

Patna High Court CR. MISC. No.9926 of 2022(2) dt.10-03-2022 2/2 The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case and was not arrested from the spot and his name transpired in the confessional statement of co-accused, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Court, Nawada in connection with Warsaliganj P. S. Case No.374 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T