Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3249 of 2025 Arising Out of PS. Case No.-525 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== 1.

Manish Kumar Son of Krishna Prasad Yadav Resident of Village- Mahuli, Police Station- Nagar,District- Nawada 2.

Ratan Kumar Son of Gaya Yadav Resident of Village- Bhualchak, Police Station- Warisaliganj,District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Ms.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Warisaliganj P.S. case No. 525 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 200.48 liters liquor was recovered from the house of co-accused.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.3249 of 2025(2) dt.24-01-2025 2/2 further submitted that the recovery is made from the house of co-accused. The petitioners are in custody since 18.12.2024.The petitioner No. 1 has got four criminal antecedents and petitioner No. 2 has got two criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 2023. Co-accused from whose house the liquor was recovered has been granted bail by this Bench vide order dated 22.01.2025 passed in Cr. Misc. No. 1846 of 2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Warisaliganj P.S. case No. 525 of 2024.

(Rudra Prakash Mishra, J) Pankaj/- U T