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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45788 of 2024 Arising Out of PS. Case No.-237 Year-2023 Thana- MANIGACHI District- Darbhanga ====================================================== Manish Yadav @ Manish Kumar Yadav SON OF LAKSHMAN YADAV Village -Chakcintamanipur P.S. -Manigachhi Dist.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Manigachhi (Wajitpur O.P.) P.S. Case No. 237 of 2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3.

Prosecution case in a nutshell is that there is recovery of 716.76 litres of liquor from a bush. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. It is next submitted by learned counsel for the petitioner that petitioner was not arrested on the spot as such nothing was

Patna High Court CR. MISC. No.45788 of 2024(2) dt.10-07-2024 2/2 recovered from his conscious possession. Petitioner's name has surfaced in this case on the basis of disclosure made by local chowkidar. Petitioner bears one criminal antecedent. 5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Manigachhi (Wajitpur O.P.) P.S. Case No. 237 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Rudra Prakash Mishra, J) Raj Kishore/- U T