Manoj Yadav @ Mano Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39274 of 2022 Arising Out of PS. Case No.-30 Year-2019 Thana- BARH District- Patna ====================================================== Manoj Yadav @ Mano Yadav S/o Rajdev Yadav @ Ramdev Yadav R/o village- Laheriya Pokhar, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Barh P.S. Case No. 30 of 2019 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in

Patna High Court CR. MISC. No.39274 of 2022(2) dt.20-08-2022 2/3 custody since 10.06.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 45 litres of IMFL/country made liquor from the alleged bag.

Learned counsel appearing on behalf of the petitioner submitted that the recovery of alleged illicit liquor was made from the bag which is not connected with petitioner. It is also submitted that the seizure list is not bearing the signature of petitioner further suggest that recovery was not made from the conscious physical possession. It is submitted that the petitioner involved in this case only for his criminal background as involved in seven more criminal cases. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor cannot be said to be made from conscious physical possession of the petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in

Patna High Court CR. MISC. No.39274 of 2022(2) dt.20-08-2022 3/3 connection with Barh P.S. Case No. 30 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Barh, in Barh/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T