Manoj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21679 of 2018 Arising Out of PS. Case No.-277 Year-2016 Thana- HISUA District- Nawada ====================================================== Manoj Yadav S/o Basudev Yadav, R/o Mohalla- Indrawa Basti, ward No. 10, P.S.- Jhumri Tilaiya, District- Kodarma (Jharkhand). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhakar Singh For the Opposite Party/s :
Smt. Reena Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Hisua P.S. Case no. 277 of 2016 registered under Section 414 of the Indian Penal Code and Section 30 (a) of Bihar Prohibition & Excise Act-2016.
2800 lts. of foreign liquor is said to have been recovered from a truck and its driver, namely, Krishna was apprehended, who disclosed the petitioner to be owner of the said liquor which is said to be delivered at Hisua-Gaya road as per the instruction of said owner.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious
Patna High Court Cr.Misc. No.21679 of 2018(2) dt.17-04-2018 2/2 physical possession of the petitioner. He has no concern either with the seized liquor or with the aforesaid truck or with any business of liquor. He has been falsely implicated in the case at the instance of driver of the truck. He was not apprehended on the spot. Though, two more cases under Excise Act have been lodged against the petitioner, but he is on bail in the aforesaid cases. He has been languishing in custody since 16.9.2017. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-(Special Judge), Nawada in connection with Hisua P.S. Case no. 277 of 2016. (Prakash Chandra Jaiswal, J) rohit/- U T