Manoj Yadav @ Bishambhar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82762 of 2023 Arising Out of PS. Case No.-403 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== MANOJ YADAV @ BISHAMBHAR YADAV S/O KESHAV YADAV @ KESHU YADAV R/O VILLAGE- TELHUA NAURAHI, P.S- NAUTAN, DISTT.- WEST CHAMPARAN.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sarvesh Kashyap For the Opposite Party/s :
Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under section 414 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, petitioner along with coaccused Rambabu was apprehended on spot and from the HF Deluxe Motorcycle bearing Reg. No. BR-05-AR6105, total 8.640 liters of foreign liquor was recovered.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to his previous criminal antecedents. He has no
Patna High Court CR. MISC. No.82762 of 2023(2) dt.20-12-2023 2/2 concern with the alleged recovery of liquor. As per Anneexure2, the seized motorcycle belongs to the petitioner hence, it is not the stolen property. No any incriminating article has been recovered from his conscious possession. Petitioner is languishing in judicial custody since 20.09.2023.
5. Learned APP appearing for the State has opposed the prayer of Bail.
6. 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 Exclusive Special Judge, Excise-1, Bettiah, West Champaran in connection with Nautan P.S. Case No. 403 of 2023. (Sunil Kumar Panwar, J) lata/- U T