Patna High CourtCR. MISC./57113/2023allowed

Manoj Yadav @ Manoj Kumar Yadav v. The State Of Bihar

2023-09-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57113 of 2023 Arising Out of PS. Case No.-188 Year-2021 Thana- AKBARPUR District- Nawada ====================================================== MANOJ YADAV @ MANOJ KUMAR YADAV S/O BASUDEO YADAV R/O VILLAGE- INDARWA BASTI, PS. TILAIYA, DIST. KODARMA (JHARKHAND) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 420, 467, 468, 471 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 1930.35 liters of illegal IMFL from a truck.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. He submitted that the co-accused, who apprehended on spot and on his confessional statement the name of the petitioner has

Patna High Court CR. MISC. No.57113 of 2023(2) dt.08-09-2023 2/2 come into light. Petitioner has no concern either with the seized vehicle or with the wine in question. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 08.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Akbarpur P.S. Case No. 188 of 2021.

(Sunil Kumar Panwar, J) arish/- U