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Patna High CourtCR. MISC./41121/2021bail granted

Manjhi Yadav v. The State Of Bihar

2022-01-28Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41121 of 2021 Arising Out of PS. Case No.-71 Year-2021 Thana- SAHARGHAT District- Madhubani ====================================================== MANJHI YADAV S/O LATE JAGDISH YADAV R/o village- Kerawa, P.S.- Saharghat, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Adv.

For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-01-2022 Heard Mr. Ratanakar Jha, learned counsel for the petitioner and Mr. Umeshanand Pandit, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Saharghat PS Case No. 71/2021 registered for the offence punishable under Sections 272/273 of the IPC and Section 30(a) of Bihar Prohibition & Excise Act 2016.

The police recovered total quantity of 270 litres of Nepali country made liquor from the house of the petitioner. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of recovery of illicit liquor from the house of the petitioner. However, the house, from where the recovery of illicit liquor

Patna High Court CR. MISC. No.41121 of 2021(2) dt.28-01-2022 2/2 has been made, is a joint family property and other family members of the petitioner also reside therein. He next submits that petitioner, having no criminal antecedent, is in custody since 28.06.2021 and the charge-sheet has already been submitted in the matter.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner is in custody since 28.06.2021 having no criminal antecedent, charge-sheet has been submitted in the matter and the trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, MANJHI YADAV be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, (Excise Act), Madhubani in connection with Saharghat PS Case No. 71/2021.

(Anil Kumar Sinha, J) perwez U T