Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45988 of 2022 Arising Out of PS. Case No.-165 Year-2020 Thana- FATEHPUR District- Gaya ====================================================== Manoj Kumar S/O Satyendra Yadav @ Satendar Yadav Resident Of VillageDobhtand, P.S.- Fatehpur, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Asgher Najmi For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a), 32(2) of the Bihar Prohibition & Excise Act. There is recovery of 25 litres of Country Made Liquor from a motorcycle.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner was apprehended from the spot nor anything incriminating has been recovered from the his conscious possession. The name of the petitioner came in light only because he is the

Patna High Court CR. MISC. No.45988 of 2022(2) dt.15-11-2022 2/3 owner of the said vehicle. It is also submitted that the petitioner has already sold the seized motorcycle to one Umesh yadav but the vehicle is still in the name of the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The petitioner is directed to deposit a sum of Rs. 10,000/-(Rupees Ten Thousands) in the District Legal Services Authority, Gaya.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge of Excise Act, Gaya in connection with Fatehpur (Gurpa O.P) P.S. Case No. 165 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/-(Rupees Ten Thousands) in District Legal

Patna High Court CR. MISC. No.45988 of 2022(2) dt.15-11-2022 3/3 Services Authority, Gaya.

(Sunil Kumar Panwar, J) nirajkrs/- U T