Mantu Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16096 of 2025 Arising Out of PS. Case No.-14 Year-2024 Thana- NARPATGANJ District- Araria ====================================================== Mantu Kumar Ram S/O Surendra Ram R/O Giri Teen, Kolua, Pipra, P.SAraria, Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Ravish For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 16-05-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016

3. As per the prosecution case, there is a recovery of 90 litres of Nepali liquor from a motorcycle which was coming from the Nepal border.

4. Learned counsel for the petitioner submits that the name of the petitioner has surfaced on account of the fact that he was the owner of the seized motorcycle and it is stated in

Patna High Court CR. MISC. No.16096 of 2025(3) dt.16-05-2025 2/3 paragraph 11 of his petition that the motorcycle was stolen by some miscreants. There is no independent witness to the seizure list, thereby violating the mandatory provisions of search and seizure and no recovery has been made from the physical and conscious possession of the petitioner.

5. Learned APP for the State opposes the prayer for anticipatory bail application.

6. Considering the above facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-1, Araria, in connection with Narpatganj (Basmatiya O.P.) P.S. Case No.14 of 2024 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023 and and subject to the further condition that:- (i) the petitioner shall co-operate in the investigation/trial.

(ii) the learned Court would, however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court

Patna High Court CR. MISC. No.16096 of 2025(3) dt.16-05-2025 3/3 below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. (Soni Shrivastava, J) sharun/- U T