Mani Prasad @ Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9503 of 2026 Arising Out of PS. Case No.-691 Year-2025 Thana- BODHGAYA District- Gaya ====================================================== Mani Prasad @ Raushan Kumar S/o- Late Bhuneshwar Prasad R/v- Bakraur Ps- Bodhgaya Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabia Gulnaz, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bodhgaya P.S. Case No. 691 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Earlier, anticipatory bail of the petitioner was rejected by a co-ordinate Bench of this Court vide order dated 18.12.2025 passed in Cr. Misc. No. 85936 of 2025.

4. The prosecution case, in short, is that 191.165 liters liquor was recovered from house of petitioner.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.9503 of 2026(2) dt.12-02-2026 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submitted that the petitioner was not arrested on spot. Name of the petitioner has transpired in this case on the basis of disclosure made by local chaukidar. It is further submitted that the alleged recovery has been made from joint house of the petitioner where other family members also reside. The petitioner is in custody since 05.01.2026 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bodhgaya P.S. Case No. 691 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T