Patna High CourtCR. MISC./13975/2020bail granted

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

2020-06-09Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13975 of 2020 Arising Out of PS. Case No.-545 Year-2019 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Manoj Kumar @ Manoj Kumar Yadav @ Manoj Yadav, male, aged about 40 years, Son of Surender Yadav, Resident of Village - Moshipur, P.S.- Sadar, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Kant, Adv.

For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-06-2020 Heard Mr. Chandra Kant, learned counsel for the petitioner and Ms. Rita Verma, learned APP for the State.

The petitioner seeks bail in connection with G.O. Case No. 05 of 2020 arising out of Sadar P.S. Case No. 545 of 2019, dated 31.12.2019, instituted for the offences under Sections 30(a) and 37(b) of the

Patna High Court CR. MISC. No.13975 of 2020(3) dt.09-06-2020 2/3 Bihar Prohibition and Excise Act, 2016.

It appears from the prosecution report that 120 litres of liquor was recovered and which recovery is stated to be at the instance of the petitioner. Learned counsel for the petitioner has submitted that the recovery has wrongly been saddled upon him as it is from an open space which is accessible to all persons. Whatever has been recovered from a standing vehicle does not belong to the petitioner and he has no concern with the transportation of the same. The petitioner is stated to be in custody since 01.01.2020 and as instructed, learned counsel for the petitioner submits that there is no criminal antecedent of the petitioner.

Considering the facts aforestated, the petitioner above-named is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District Judge-II-Cum-Special Judge (Excise Act),

Patna High Court CR. MISC. No.13975 of 2020(3) dt.09-06-2020 3/3 Darbhanga in connection with G.O. Case No. 05 of 2020 arising out of Sadar P.S. Case No. 545 of 2019. The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T