Manoj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34458 of 2021 Arising Out of PS. Case No.-16 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== MANOJ KUMAR YADAV S/o Shatrughan Prasad Yadav R/o villageBhatrandha Ward No. 09, P.S.- Ghailardh, District- Madhepura ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bal Krishna Mishra For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Excise Complaint Case No.320 of 2020-21, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Altogether 201.525 liters of foreign liquor is said to have been recovered from the house of the petitioner.

Patna High Court CR. MISC. No.34458 of 2021(2) dt.23-08-2021 2/3 Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No such occurrence has ever taken place. He has been falsely implicated in this case due to dirty village politics. 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. The alleged recovery has been made from an open room of Bhuskhar, that is meant for storing food of cattle and it is an open place. Petitioner has three criminal antecedents, as mentioned in para-3 of the bail application and has been languishing in custody since 15.02.2021.

Petitioner is agreed to deposit a sum of Rs. 20,000.00/- (Rupees Twenty 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 case, let the above named petitioner, be released on bail, 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, Madhepura cum Special

Patna High Court CR. MISC. No.34458 of 2021(2) dt.23-08-2021 3/3 Judge (Excise), Madhepura, in connection with Excise Complaint Case No.320 of 2020-21, with the following conditions:- (1) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial, failing which, his bail bonds shall be liable to be cancelled by the learned court concerned.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.20,000.00/- (Rupees Twenty Thousand) in the PM Cares fund.

(Anjani Kumar Sharan, J) pallavi/- U T