Manish Kumar @ Aditya Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13602 of 2025 Arising Out of PS. Case No.-495 Year-2024 Thana- RAHUI District- Nalanda ====================================================== Manish Kumar @ Aditya Raj, S/o Ranjeet Prasad @ Ranjit Yadav, R/o Rahui, P.S.- Rahui, Distt.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Adv.

For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-03-2025

1. Heard Mr. Shashi Bhushan Singh, learned counsel for the petitioner and Mr. Gauri Shankar Gupta, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Rahui P.S. Case No. 495 of 2024 dated 28.09.2024, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the petitioner's counsel are that the instant matter relates to the recovery of 76 litres of foreign liquor and the same is alleged to have been recovered near the land of one Shalok Yadav to which the petitioner has no connection and he has been made accused mainly on the basis of secret information given by the local Chaukidar and local people which is not sufficient to make one accused in such type of recovery from an open place, so, the alleged offence of Excise Act under which the FIR has been

Patna High Court CR. MISC. No.13602 of 2025(2) dt.28-03-2025 2/2 registered does not even prima facie attract against the petitioner and his prayer is not hit by the provisions of Section 76(2) of the Bihar Prohibition and Excise Act.

4. Though, learned APP appearing for the State has opposed the bail prayer but fairly accept that except the secret information given by the local chaukidar and local people, there is no material against the petitioner to show his involvement in connection with the seized liquor.

5. Considering the above submissions advanced by petitioner's counsel, this court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Rahui P.S. Case No. 495 of 2024 on furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 482(2) of the BNSS. (Shailendra Singh, J) Rajiv/- U T