Manjhil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3946 of 2021 Arising Out of PS. Case No.-94 Year-2019 Thana- KOILWAR District- Bhojpur ====================================================== MANJHIL YADAV S/o Chandeshwar Yadav @ Chandeshwar Ray Resident of Vill - Bhadehi, P.S. - Bihita, Dist. - Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :
Mr.Damodar Prasad Tiwari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in Excise Case No.600 of 2019 arising out of Koilwar P.S. Case No. 94 of 2019 registered for the offence punishable under Section 414 of the IPC and section 30(a) of the Excise Act.
Altogether 185 liters of country made liquor is said to have been recovered from three motorcycles along with a mobile phone. 55 litres of the wine has been recovered from the
Patna High Court CR. MISC. No.3946 of 2021(2) dt.23-03-2021 2/3 motorcycle of the present petitioner who absconded from the place of occurrence.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case on the basis of statement of apprehended co-accused. The said motorcycle does not belong to the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of the present petition and has been languishing in custody since 05.10.2020. Petitioner is agreed to deposit a sum of Rs. 5,000.00 (Rupees Five Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.
Having regard to the facts and circumstances of case, let the above named petitioner, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Excise Case No.600 of 2019 arising out of Koilwar P.S. Case No. 94 of 2019.
Patna High Court CR. MISC. No.3946 of 2021(2) dt.23-03-2021 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5,000.00 (Rupees Five Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) pallavi/- U T