Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6053 of 2025 Arising Out of PS. Case No.-150 Year-2024 Thana- KASMA District- Aurangabad ====================================================== Manish Kumar S/o Rajendra Yadav R/o Village-Vikash Nagar, P.S.- Dhanbad, District-Dhanbad (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-02-2025

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Kasma P.S. Case no.150 of 2024 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on being searched, a total of 56 litres of country liquor was recovered from two motorcycles, one of which belongs to this petitioner. Two persons were arrested on the spot.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only for the reason that he happens to be the registered owner of one of the two vehicles in question which was being driven by co-accused Shishu Kumar and 28 litres of country liquor was recovered

Patna High Court CR. MISC. No.6053 of 2025(2) dt.24-02-2025 2/2 from the same. No incriminating article has been recovered from the petitioner's possession and the petitioner has no criminal antecedent.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, no incriminating article having been recovered from the petitioner's possession and the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Kasma P.S. Case no.150 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court no.1, Aurangabad.

(Partha Sarthy, J) Saurabh/- U T