Manish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4494 of 2025 Arising Out of PS. Case No.-178 Year-2024 Thana- Excise P.S. District- Saran ====================================================== Manish Kumar Singh S/o- Rajendra Prasad Singh @ Rajendra singh R/o Village- Sitalpur, P.S. Dighwara, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raushan Raj, Adv.

For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 178 of 2024 instituted for the offences under Section 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered 140 liters of illicit country-made liquor from the tempo of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence at all as alleged against him rather he has falsely been implicated in the present case only with a view to cause harassment. He further submits that nothing incriminating has been recovered from the

Patna High Court CR. MISC. No.4494 of 2025(2) dt.04-02-2025 2/2 conscious possession of the petitioner. The seized tempo does not belong to the petitioner. The petitioner has no concern with the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 05.10.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 178 of 2024. (Rudra Prakash Mishra, J) rishi/- U T