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Patna High CourtCR. MISC./56431/2023allowed

Manu Kumar Yadav v. The State Of Bihar

2023-09-15Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56431 of 2023 Arising Out of PS. Case No.-228 Year-2022 Thana- MIRGANJ District- Gopalganj ====================================================== Manu Kumar Yadav Son Of Hareram Yadav Resident Of Village - Misrauli, P.S. - Mirganj, Dist. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepankar Raj For the Opposite Party/s :

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 73.600 liters of country made liquor is said to have recovered from the two different motorcycles. He further submits that allegation against the petitioner is that he managed to ran away from the place of occurrence. He submits that there is no recovery made from the conscious possession of the petitioner. He further submits that petitioner has got one antecedent not in similar nature criminal as stated

Patna High Court CR. MISC. No.56431 of 2023(2) dt.15-09-2023 2/3 in para-3 of the bail application.

4. Petitioner is agreed to deposit a sum of Rs. 5,000.00/- (Rupees Five Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

5. Considering the facts and circumstance of the case, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged 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 the learned court below where the case is pending/successor court in connection with Mirganj P.S. Case No. 228 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid

Patna High Court CR. MISC. No.56431 of 2023(2) dt.15-09-2023 3/3 amount in the account of Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) ajay/- U T