Manjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7204 of 2025 Arising Out of PS. Case No.-487 Year-2024 Thana- BHAGWAN BAZAR District- Saran ====================================================== Manjit Kumar S/o Nandkishor Ray @ Raj Kihor Ray @ Kishor Ray R/o Katra Baradari, P.S.- Bhagwan Bazar, Distt.- Saran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhijeet Abhigyan, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, A.P.P ====================================================== 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 Cr. Misc. 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 Bhagwan Bazar P.S. Case No. 487 of 2024 lodged on 18.09.2024, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, FIR has been lodged against two named accused persons including the present petitioner. Total recovery of 30 litres of illicit liquor has been made which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.7204 of 2025(2) dt.19-02-2025 2/2 petitioner is innocent and has committed no offence. Counsel also submits that the alleged recovery has been made from a hut adjacent to the petitioner's house. Counsel further submits that petitioner has no criminal antecedent. Counsel submits that name of the petitioner has been disclosed by the villagers.

5. Learned APP for the State opposes the prayer for bail of the petitioner but submits that petitioner has no criminal antecedent.

6. 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 Trial Court 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 1st Exclusive Special Excise Judge, Saran at Chapra, in connection with Bhagwan Bazar P.S. Case No. 487 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

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