Patna High CourtCR. MISC./11472/2025bail granted

Manoj Saday v. The State Of Bihar

2025-02-21Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11472 of 2025 Arising Out of PS. Case No.-101 Year-2024 Thana- DEODHA District- Madhubani ====================================================== Manoj Saday Son of Budhan Saday R/O Village - Inarwa, Kachahari Tol, Police Station - Deodha, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah, Adv.

For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Deodha P.S. Case No. 101 of 2024 (G.R. No. 1689 of 2024) instituted for the offences under Sections 274, 275, 3(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 495 liters of illicit liquor from three motorcycles and out of which 180 liters illicit liquor was recovered from the motorcycle of the petitioner. The petitioner was arrested on the spot.

Patna High Court CR. MISC. No.11472 of 2025(2) dt.21-02-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case with false and frivolous allegations. He further submits that nothing incriminating has been recovered from the conscious/physical possession of the petitioner. The petitioner is neither owner nor driver of the alleged motorcycle. The petitioner has no concern with the alleged recovered liquor. The petitioner has no criminal antecedent and is languishing in judicial custody since 07.12.2024 without any rhymes or reason.

5. Learned counsel for the petitioner again submits that the co-accused namely Jitendra Yadav has been granted bail by this Court vide order dated 06.02.2025 passed in Cr. Misc. No. 5676 of 2025.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner, the petitioner

Patna High Court CR. MISC. No.11472 of 2025(2) dt.21-02-2025 3/3 having no criminal antecedent as also the prayer for bail based on parity, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Deodha P.S. Case No. 101 of 2024 (G.R. No. 1689 of 2024).

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