Manoj Yadav @ Mano Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40068 of 2022 Arising Out of PS. Case No.-290 Year-2018 Thana- BARH District- Patna ====================================================== MANOJ YADAV @ MANO YADAV S/o Rajdev Yadav R/o village- Laheriya Pokhar, Gulab Bag, 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 :

Ms.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Barh P.S. Case No. 290/2018 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per prosecution case, there is alleged recovery of total 28.125 liters foreign liquor from Bolero vehicle in question. Apprehended co-accused, Ashok Yadav disclosed the name of petitioner and others who fled away from the place of occurrence.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.40068 of 2022(2) dt.24-08-2022 2/3 case. The petitioner was not apprehended on the spot and nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the said foreign liquor. The petitioner is languishing in custody since 03.06.2022 and bears criminal antecedent of 07 cases out of which 06 cases are of similar nature. Learned counsel for the petitioner specifically submits that the charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.

The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, petitioner was not apprehended on the spot, charge sheet has already been submitted in this case as submitted and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge 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, Patna in connection with Barh P.S. Case No. 290/2018, subject to following conditions:- (i) One of the bailors shall be either father or mother

Patna High Court CR. MISC. No.40068 of 2022(2) dt.24-08-2022 3/3 or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkumar/- U T