Manoj Yadav @ Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.77674 of 2018 Arising Out of PS. Case No.-223 Year-2018 Thana- PUNPUN District- Patna ====================================================== Manoj Yadav @ Manoj Kumar S/O Rameshar Yadav @ Rameshwar Yadav vilalge Rashil Chak, P.S. Punpun, District Patna. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satrudhan Kumar For the Opposite Party/s :
Mr.Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-01-2019 Heard the parties.
The petitioner is apprehending his arrest in connection with Punpus P.S.Case nO.223 of 2018, Special Case No.7756 of 2018 , registered for offences punishable under Sections 341, 323, 290 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016 .
Allegation as per FIR against the petitioner is that when the police raided the house of the petitioner, his wife was found fleeing away with a gallon containing 07 ltrs. of liquor of Mahua and she disclosed the name of the petitioner also. Submission of the learned counsel for the petitioner is that nothing has been recovered from his conscious possession rather from the possession of his wife , though he is accused in one more case but that is not related to the Excise Act.
Patna High Court Cr.Misc. No.77674 of 2018(2) dt.02-01-2019 2/2 Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Patna in connection with Special Case No.7756 of 2018 Punpun P.S.Case No.223 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U T