Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71007 of 2022 Arising Out of PS. Case No.-262 Year-2022 Thana- LAUKAHA District- Madhubani ====================================================== MANOJ YADAV S/o Asharfi Yadav R/o Village- Rampur, P.S.- Laukaha, Distt- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 272, 273/34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act. As per allegation in the FIR, on getting secret information, patrolling party proceeded towards place of occurrence and on seeing them three persons started to escape. On chase, one accused, namely, Dharmnath Yadav was arrested and 540 bottle containing 300 ml of illicit liquor. Were recovered from mango orchard of Raghunath Prasad. He disclosed the name of the two accused persons who managed to escape including the petitioner as of his associates. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.71007 of 2022(2) dt.03-02-2023 2/2 has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by the apprehended co-accused before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 14.10.2022. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Special Judge, Excise Act, Jhanjharpur in connection with Laukaha P.S. Case No. 262 of 2022.

(Sunil Kumar Panwar, J) sushma/- U