Manoj Kumar @ Bikram Kumar @ Raja Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11274 of 2020 Arising Out of PS. Case No.-204 Year-2019 Thana- RAJAOLI District- Nawada ====================================================== MANOJ KUMAR @ BIKRAM KUMAR @ RAJA YADAV Son of Lakhan Yadav Resident of Village - House no.15, Doiadih, P.O- Gumo, P.S.- Jhumri Tilyaia, Dist.- Kodarma (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Man Mohan Kumar For the Opposite Party/s :
Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-06-2020 This case has been heard through video conferencing. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a)/41 of the Bihar Prohibition and Excise Act, 2016. 788 liters of foreign liquor is said to have been recovered from a pick-up van which was kept under the bags of rice bran.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor or the
Patna High Court CR. MISC. No.11274 of 2020(3) dt.12-06-2020 2/3 vehicle in question. He has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. There is no nothing on record to indicate the complicity of the petitioner barring the confessional statement of the apprehended person which has no evidentiary value in the eye of law. Petitioner has no criminal antecedent. Petitioner is agreed to deposit a sum of Rs.25,000.00 (Rupees Twenty Five Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge Excise Act, Nawada in connection with Rajauli P.S. Case No. 204 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
The bail bond of the petitioner shall be accepted by
Patna High Court CR. MISC. No.11274 of 2020(3) dt.12-06-2020 3/3 the learned Court below on showing receipt of deposit of Rs.25,000.00 (Rupees Twenty Five Thousand) in the PM Cares fund.
(Anjani Kumar Sharan, J) Trivedi/- U T