Manoj Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48120 of 2023 Arising Out of PS. Case No.-227 Year-2022 Thana- GOPALPUR District- Gopalganj ====================================================== MANOJ KUMAR YADAV Son of Kashinath Yadav @ Kashinath Prasad Resident of village - Balesara, P.S. - Uchakagaon, Distt. - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepankar Raj For the Opposite Party/s :
Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of 259.200 liters of illegal foreign liquor from the dickey of the Scorpio Car.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. The name of the petitioner has come into light, on the disclosure of local villagers, which has got no evidentiary value in the eyes of law. He submitted that the petitioner has no concern either
Patna High Court CR. MISC. No.48120 of 2023(2) dt.08-08-2023 2/2 with the seized vehicle or with the wine in question. No incriminating article has recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 21.06.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Gopalpur P.S. Case No. 227 of 2022.
(Sunil Kumar Panwar, J) arish/- U T