Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15038 of 2025 Arising Out of PS. Case No.-106 Year-2025 Thana- Excise P.S. District- Patna ====================================================== Manish Kumar Son of Amit Kumar Resident of village - Road No. 2, Subhash Nagar, Khemnichak, ward no.- 44, P.S- Ramkrishna Nagar, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Radha Mohan Singh, Adv.
For the Opposite Party/s :
Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Excise P.S. Case No. 106 of 2025 instituted for the offences under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, the police has recovered 204.480 liters of illicit foreign liquor from a car bearing Regd. No. BR01BV2255 and 17.280 liters foreign liquor from a Scooty bearing Regd. No. BR01FW3164. The petitioner was arrested on the spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.15038 of 2025(2) dt.07-03-2025 2/3 against him and has falsely been implicated in the present case only on the basis of susicion. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is said to be driver of the alleged Honda City Car. The petitioner is not the owner of the Honda City car or the alleged Scooty. The petitioner has no concern with the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has one criminal antecedent in which he is on bail and is languishing in judicial custody since 21.01.2025 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, 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 Excise P.S. Case No. 106 of 2025,
Patna High Court CR. MISC. No.15038 of 2025(2) dt.07-03-2025 3/3 subject to the following conditions;
(i) One of the bailor(s) shall be the own/close family members of the petitioner.
(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(Rudra Prakash Mishra, J) rishi/- U T