Mantu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52922 of 2025 Arising Out of PS. Case No.-291 Year-2024 Thana- Marnga District- Purnia ====================================================== Mantu Yadav, aged about 40 years (Male), S/o Ashok Chaudhary @ Ashok Kumar Choudhary, R/o Village - Ufrail, P.S - Maranga, District - Purnea ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Vivekanand Singh, Advocate For the Opposite Party :

Mr. Sanjay Kumar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with (Supplementary) Maranga P.S. Case No. 291 of 2024 dated 05.11.2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 954.900 litres of illicit foreign liquor was recovered from the tractor and 36 litres of illicit foreign liquor was recovered from the i 20 car.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner was not arrested on the spot. His name

Patna High Court CR. MISC. No.52922 of 2025(2) dt.07-08-2025 2/3 has come in the present case on the basis of the disclosure made by the other apprehended co-accused persons, namely, Ashish Kumar Mandal, Shiv Chandra Kumar and Mahipal Raj which has got no evidentiary value in the eyes of law. No incriminating article has been recovered from the possession of the petitioner. The petitioner is neither the owner nor the driver of the vehicles in question. The petitioner has no connection either with the seized illicit liquor or with the apprehended co-accused persons. The other co-accused persons, namely, Ashish Kumar @ Ashish Kumar Mandal, Mahipal Raj in Cr. Misc. No. 3093 of 2025 vide order dated 24.02.2025 and Shiv Chandra Kumar in Cr. Misc. No. 12899 of 2025 vide order dated 24.03.

2025 have already been granted bail by a Bench of this Court, annexed as Annexures-3 and 4 to the present bail petition. The petitioner has eight criminal criminal antecedents and out of which, in five cases, he is on bail and in three cases, he has already been acquitted as stated in para 3 of the bail petition. The petitioner is in custody since 01.07.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above

Patna High Court CR. MISC. No.52922 of 2025(2) dt.07-08-2025 3/3 named, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, (Excise-01), Purnea in connection with (Supplementary) Maranga P.S. Case No. 291 of 2024 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

U.K./- (Chandra Prakash Singh, J) U T