Munna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 62778 of 2021 Arising Out of PS. Case No.-425 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== MUNNA YADAV Son of Late Rohan Yadav Resident of Village- Mastanganj, P.S.- Akbarpur, District- Nawada.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 30-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner seeks bail in GO Case No 425 of 2021 registered for the offence punishable under Sections 30 (a), 56 (b) of Bihar Prohibition and Excise Act.

There is alleged recovery of 30 liters of country made illicit liquor tied with the motorcycle.

The learned counsel for the petitioner submits that it is a case of false implication. Petitioner has remained in custody since 06.08.2021 and upon his arrest in the instant case, he has been remanded in the other five cases, as per disclosure

Patna High Court CR. MISC. No.62778 of 2021(2) dt.30-05-2022 2/3 made in paragraph 3 of the application.

The learned APP has opposed the prayer for bail. Considering the rival submissions, period of custody vis-a-vis the quantum of recovery, this Court, for the purposes of grant of bail, is, thus, inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II -cum- Special Judge, Nawada in GO Case No 425 of 2021 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as

Patna High Court CR. MISC. No.62778 of 2021(2) dt.30-05-2022 3/3 pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T