Patna High CourtCR. MISC./39640/2017bail granted

Manoj Yadav v. The State Of Bihar

2017-08-19Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 39640 of 2017 Arising Out of PS.Case No. -161 Year- 2017 Thana -FALKA District- KATIHAR ====================================================== Manoj Yadav S/o Late Nokhe Lal Yadav, R/o Village Makandpur, P.S. Gopalpur, Distt. Bhagalpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

19-08-2017 Heard Sri Sunil Kumar Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 25-06-2017 in Falka (Pothia) P.S. Case No. 161 of 2017 registered for offence under Sections 30(a) of Bihar Prohibition and Excise Act, 2016 (for short "Excise Act"), has prayed for grant of bail. By way of referring to statement made in paragraph - 3 of the petition, it was submitted by learned counsel for the petitioner that petitioner is having clean antecedent and he was never made accused in relation to any offence under Excise Act. He further submits that petitioner was falsely apprehended on allegation that he was owner of a gallon, in which about 20 litres country-made liquor was kept. He submits that the said gallon was found on the side of the road, while the petitioner was waiting for

Patna High Court Cr.Misc. No.39640 of 2017 (2) dt.19-08-2017 2/2 a bus.

Considering the nature of accusation, clean antecedent as well as period of custody, let the petitioner namely Manoj Yadav be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned second Additional District Judge cum Special Judge, Excise Act, Katihar in connection with Falka (Pothia) P.S. Case No. 161 of 2017.

(Rakesh Kumar, J.) Anay U T