Patna High CourtCR. MISC./44371/2023bail granted

Manoj Yadav v. The State Of Bihar

2023-07-26Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44371 of 2023 Arising Out of PS. Case No.-128 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== Manoj Yadav Son Of Late Maharaj Yadav Village- Badharwa Chatiya PsMalahi Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Nautan P.S Case No. 128 of 2023 dated 15.04.2023 registered for the offence punishable u/s 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, the petitioner and the co-accused persons were apprehended with two motorcycles from which 49.9 and 7.2 litres of illicit liquor were recovered.

Patna High Court CR. MISC. No.44371 of 2023(2) dt.26-07-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 16.04.2023

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Nautan P.S Case No. 128 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T