Patna High CourtCR. MISC./35379/2024bail granted

Manjay Yadav @ Manjay Kumar v. The State Of Bihar

2024-07-26Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35379 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== MANJAY YADAV @ MANJAY KUMAR SON OF UMESH YADAV RESIDENT OF VILLAGE - RAMGADH MAHUAWA, P.S. - PIPRAKOTHI, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 41(1) of the Bihar Prohibition and Excise Act in connection with Piprakothi P.S. Case No.05 of 2024.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 4.5 liters of liquor from a motorcycle and from hut of Sanjay Kumar.

4. It is next submitted that petitioner was not arrested

Patna High Court CR. MISC. No.35379 of 2024(3) dt.26-07-2024 2/3 from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized motorcycle and he has no concern with Sanjay, but then he came to be implicated based on confessional statement of Sanjay in police custody which does not have any evidentiary value.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.1, Motihari, East Champaran in connection with Piprakothi P.S. Case No.05 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than two cases, in that event, the present anticipatory bail order shall not be given

Patna High Court CR. MISC. No.35379 of 2024(3) dt.26-07-2024 3/3 effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T