Manu Yadav @ Manu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77812 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- AAYAR District- Bhojpur ====================================================== 1.

Manu Yadav @ Manu Kumar, aged about 35 yers, Male, Son of Akram Yadav 2.

Bhuar Yadav @ Bijendra Kumar, aged about 40 years, Male, Son of Akram Yadav, both resident of Village - Ishari, P.S.- Ayar, District - Bhojpur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Malti Kumari, Advocate For the Opposite Party/s :

Ms.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Ayar P.S. Case No.81 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that there is recovery of 7 liters of Mahua wine from the place of occurrence. Learned counsel for the petitioners further submits that there is no recovery from the conscious possession of the petitioners. He further submits that the petitioners' name has transpired in the present case on the basis of confessional

Patna High Court CR. MISC. No.77812 of 2019(2) dt.02-12-2019 2/2 statement of co-accused and the petitioners have got no criminal antecedent.

In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners, subject to deposit of Rs.5,000/- in the court below/ Nazarat and on deposit of the aforesaid amount, in the event of their arrest or surrender before the court below within six weeks from the date of communication of this order, the court below shall release them on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of 4th Additional Sessions Judge cum Special Judge, Excise Act, Bhojpur, Arrah in connection with Ayar P.S. Case No.81 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Such deposit of Rs.5,000/- shall abide by the outcome of the criminal case.

(Anjani Kumar Sharan, J) Nasimul/- U T