Manoj Yadav @ Manoj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10376 of 2022 Arising Out of PS. Case No.-258 Year-2021 Thana- OBRA District- Aurangabad ====================================================== MANOJ YADAV @ MANOJ SINGH SON OF SAHDEV SINGH R/O VILLAGE- MASTALICHAK, P.S.- OBRA, DISTRICT- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand, Adv For the Opposite Party/s :

MrJharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-07-2022 Heard the parties through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(c)(d) of the Bihar Prohibition and Excise Act, 2016.

Altogether 4000 empty bottles of 300 ml, 100 piece of cap and 100 piece sticker has been recovered from a truck. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on

Patna High Court CR. MISC. No.10376 of 2022(2) dt.22-07-2022 2/3 the basis of suspicion. Petitioner has no concern with the said vehicle. Petitioner has neither been apprehended on the spot nor any incriminating article of excise has been recovered from his conscious physical possession. No illicit liquor has been recovered from the place of occurrence. Petitioner has 5 criminal antecedent, as also mentioned in para-3 of the bail application.

Petitioner is agreed to deposit a sum of Rs. 1,00,000.00/- (Rupees One Lakh) in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the aforesaid facts and circumstances as there is no recovery of illicit liquor from the possession of the petitioner, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Obra P.S Case No.258 of 2021, subject to the condition as laid down under

Patna High Court CR. MISC. No.10376 of 2022(2) dt.22-07-2022 3/3 Section 438 (2) of the Cr.P.C, as also the following conditions. (1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.100,000.00/- (Rupees One Lakh) in the Patna High Court Legal Services Committee.

(Anjani Kumar Sharan, J) shikha/- U T