Manoj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 18895 of 2025 Arising Out of PS. Case No.-5 Year-2024 Thana- Krishnabraham District- Buxar ====================================================== Manoj Kumar Yadav S/O Dadan Yadav Resident of village- Devi Choudhary ke Hata, PS- Jamalpur, District- Ballia, Uttar Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Rai Sharma, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Krishna Braham PS Case No. 05 of 2024 dated 07-09-2024, instituted under Section 30(a) of the Bihar Prohibition and Excise Act,2018.

3.The allegation is of the recovery of 6.2 litres of illicit country-made liquor from a Hero Glamour motorcycle bearing Registration No. UP-60AD 8107.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is submitted that the police apprehended coaccused Ram Nayan Yadav, who was found with a motorcycle carrying 6.2 litres of illicit country-made liquor. It is further

Patna High Court CR. MISC. No. 18895 of 2025(2) dt.16-04-2025 2/3 submitted that a bare perusal of the FIR reveals that the apprehended person, Ram Nayan Yadav, told the police personnel that the seized motorcycle had been purchased by him from a villager of his village and that the ownership of the motorcycle had not been transferred to his name. It is next submitted that the petitioner was not named in the FIR, nor was the petitioner apprehended at the place of occurrence. Further submission is that nothing has been recovered from the conscious possession of the petitioner. The alleged 6.2 litres of country-made liquor were recovered from the apprehended accused from the Hero Glamour motorcycle bearing registration No. UP-60AD 8107. It is submitted that the said motorcycle originally belonged to the petitioner, who had sold it to the apprehended person. The petitioner has no concern with the said motorcycle or the seized illicit liquor. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

Patna High Court CR. MISC. No. 18895 of 2025(2) dt.16-04-2025 3/3 sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.02, Buxar, in Krishna Braham PS Case No. 05 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U