Manjeet Yadav @ Manjeet Kumar @ Manjeet Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70698 of 2023 Arising Out of PS. Case No.-175 Year-2023 Thana- YADOPUR District- Gopalganj ====================================================== Manjeet Yadav @ Manjeet Kumar @ Manjeet Kumar Yadav S/O Baburam Yadav R/O Village- Paithanpatti, P.S- Manjhagarh, Distt.- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-11-2023 Heard Mr. Umesh Kumar Singh, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Jadopur P.S. Case No. 175 of 2023, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. The police, on a secret information that the petitioner is indulged in trafficking of illicit wine through the way of Gandak river, a raid was conducted. However, noticing the police party, the accused persons succeeded in fleeing away. The name of the petitioner has been disclosed by the independent witnesses. On search, total 369 litres country-made wine was recovered.
Patna High Court CR. MISC. No.70698 of 2023(2) dt.09-11-2023 2/3
4. It is submitted on behalf of the petitioner that the petitioner has neither any concern with the boat in question nor with the alleged recovered illicit wine. He further submits that the disclosure of the name of the petitioner made by the local Chowkidar does not appear to be reliable, moreover, the petitioner having fair antecedent is doing business of sale and purchase of rice and wheat and he has never been indulged in such type of activity. He further submits that there are infirmities in the search and seizure and the alleged recovery has been made from the bank of Gandak river, which is an open place easily accessible to all.
5. On the other hand, learned counsel for the State opposed the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the alleged recovery has been made from the bank of Gandak river, coupled with the fair antecedent and the infirmities in the search and seizure, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.70698 of 2023(2) dt.09-11-2023 3/3 satisfaction of the learned Additional District and Sessions Judge II-cum-Special Judge Excise, Court No. 1, Gopalganj in connection with Jadopur P.S. Case No. 175 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) Anjani/- U T