Manoj Kumar @ Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54635 of 2021 Arising Out of PS. Case No.-120 Year-2021 Thana- JANKINAGAR District- Purnia ====================================================== Manoj Kumar @ Manoj Yadav, aged about 25 years, Gender-Male Son of Ravindra Prasad Yadav, Resident of Village - Jhalighat, P.S.- Jankinagar, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 23-02-2022 Heard the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Special Excise No. 475 of 2021, arsing out of Janki Nagar P.S. Case No. 120 of 2021 instituted for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that neither he was the owner of the vehicle nor the liquor has been recovered from him nor he was present at the site, his name has been included on the basis of statement of the accused from whom the liquor was recovered.

Considering the said aspects exfacie case under

Patna High Court CR. MISC. No.54635 of 2021(2) dt.23-02-2022 2/3 Section 30(a) is not made out, I am inclined to allow the petitioner on bail, in the event of arrest he shall be released on anticipatory bail, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., which are as under:-

1. The petitioner, namely Manoj Kumar @ Manoj Yadav shall furnish personal bond with his recent self-attested photograph and surety of the like amount on the following conditions at the satisfaction of the investigating officer;

2. The petitioner shall cooperate with the investigation and make himself available for interrogation whenever required;

3. The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;

4. The petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;

5. The petitioner shall not leave the territory of Purnea, without prior permission of the Court, till trial is over;

6. The petitioner shall maintain law and order;

7. The petitioner shall, at the time of execution of the bond, furnish his address and mobile number to the

Patna High Court CR. MISC. No.54635 of 2021(2) dt.23-02-2022 3/3 investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case;

8. The petitioner shall surrender his passport, if any, before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect before the investigating officer;

9.The petitioner shall regularly remain present during the trial, and cooperate with the Hon'ble court to complete the trial for the above offences.

(Sanjeev Prakash Sharma, J) Anand Kr.

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