Manoj Kumar @ Radhe Shyam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8935 of 2025 Arising Out of PS. Case No.-106 Year-2023 Thana- BARAUNI District- Begusarai ====================================================== Manoj Kumar @ Radhe Shyam Son of Krishna Rai Village- Naya Tola, P.S. -Fatuha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Anand For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Section 120(B) of the I.P.C. and Sections 30 (a), 41(A) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 2865.52 litres of foreign liquor is said to have recovered from tanklorry. He submits that the petitioner is not named in the F.I.R. rather his name has come on confessional statement of co-accused, namely, Satvir Kumar. He further submits that petitioner has two criminal

Patna High Court CR. MISC. No.8935 of 2025(2) dt.28-02-2025 2/3 antecedents of similar nature and has been languishing in custody since 16.09.2024.

4. Petitioner is agreed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand) in the account of Lawyer's Association Welfare Benevolent Fund, bearing Account No. 7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, Patna.

5. Having regard to the facts and circumstances of the case and the fact that there is nothing recovered from the conscious possession of the petitioner, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Barauni (Refinery) P.S. Case No.106 of 2023, subject to further conditions that:

(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the bailor shall also state on affidavit that he

Patna High Court CR. MISC. No.8935 of 2025(2) dt.28-02-2025 3/3 will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Lawyer's Association Welfare Benevolent Fund.

(Anjani Kumar Sharan, J) anand/- U T