Nandan Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7327 of 2025 Arising Out of PS. Case No.-636 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Nandan Kumar Manjhi S/O Bisamhar Manjhi @ Bisambhar Manjhi R/O Village- Mahammadpur, P.S.- Asaon, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad, Adv.

For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-02-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present Criminal Miscellaneous Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioner who apprehends his arrest in connection with Siwan Excise P.S. Case No.636 of 2024 lodged on 18.10.2024, for the offences punishable under Sections 30(a) & 32(3) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the recovery of 2 liter liquor has alleged to be made, which is subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner has been falsely implicated in the present case. He further submits that the petitioner's name has been

Patna High Court CR. MISC. No.7327 of 2025(2) dt.19-02-2025 2/2 figured in this case due to the reason that the alleged motorcycle from where the alleged recovery has been made, registered in the name of the petitioner.

5. Counsel for the petitioner submits that petitioner has clean antecedent.

6. Learned Counsel for the State opposes the prayer for bail.

7. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Excise Court No.11, Siwan, in connection with Siwan Excise P.S. Case No.636 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J.) Prakashmani/- U T