Manoj Kumar Yadav @ Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36634 of 2025 Arising Out of PS. Case No.-338 Year-2021 Thana- LAUKAHA District- Madhubani ====================================================== Manoj Kumar Yadav @ Manoj Yadav S/o Parshuram Yadav Village- Murli, PS- Phulparas, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Udeshya Kumar Yadav, Adv.

Mr. Ravi Prakash, Adv.

For the Opposite Party/s :

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-06-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in connection with Laukaha P.S. Case No.338 of 2021, for the offence punishable under Sections 272, 273 of the IPC read with Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per the prosecution, the total recovery of 6 litres Nepali wine have been made from a motorcycle, which is subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that nothing has been recovered from petitioner's

Patna High Court CR. MISC. No.36634 of 2025(2) dt.18-06-2025 2/2 possession. The said recovery has been made from petitioner's motorcycle, but the said motorcycle was taken by co-accused person for some work.

5. Counsel submits that the criminal antecedent of the petitioner is clean.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that antecedent of the petitioner is clean.

7. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Addl. District and Sessions Judge-II-cum- Special Judge, Excise Act, Jhanjharpur, in connection with Laukaha P.S. Case No.338 of 2021, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J.) Prakashmani/- U T