Patna High CourtCR. MISC./16965/2019bail granted

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

2019-03-26Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16965 of 2019 Arising Out of PS. Case No.-365 Year-2018 Thana- Barharia District- Siwan ====================================================== Manoj Yadav @ Manoj Kumar Yadav S/o Ambika Yadav R/o VillageHardovara, P.S.- Barharia, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-03-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Barharia P. S. Case No. 365 of 2018 dated 22.11.2018 instituted for the offences under Sections 272, 273, 308 and 34 of the Indian Penal Code and 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

Approximately 203 litres of liquor is said to have been recovered from near the canal. The name of the petitioner has transpired in the confessional statement of the arrested accused persons.

Patna High Court CR. MISC. No.16965 of 2019(2) dt.26-03-2019 2/2 Learned counsel for the petitioner has submitted that there is no recovery from either the possession or constructive possession of the petitioner and the petitioner has clean antecedents.

Taking into account the aforesaid facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II cum Special Judge, Excise, Siwan in connection with Barharia P. S. Case No. 365 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U