Manoj Kumar @ Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4609 of 2025 Arising Out of PS. Case No.-222 Year-2021 Thana- RAFIGANJ District- Aurangabad ====================================================== Manoj Kumar @ Manoj Yadav Son of Ramlaxman Singh Resident of VillageMayapur, PS- Bandya, District -Aurangabad, Bihar ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-02-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 10 litres of liquor from a Bolero vehicle. 4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized vehicle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would

Patna High Court CR. MISC. No.4609 of 2025(2) dt.12-02-2025 2/3 create evidence against himself and hence would get implicated, it is further submitted that petitioner was completely unaware that Nitish would misuse the vehicle in the manner as alleged who was also apprehended from the spot along with Niraj. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rafiganj P.S. Case No. 222 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that the petitioner has antecedent of even one case in that event, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that the petitioner is a person with clean antecedent, in that

Patna High Court CR. MISC. No.4609 of 2025(2) dt.12-02-2025 3/3 event, the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) SUMIT/- U T