Manoj Kumar @ Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16236 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- Excise Benipatti District- Madhubani ====================================================== Manoj Kumar @ Manoj Yadav S/o Mishri Yadav R/o vill - Parkauli Dhakjari, P.S.- Arer, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Kanhiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Benipatti P.S. Case No. 2 of 2025 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, there is recovery of 68 liters of illicit liquor from the Scooty of the petitioner.

4. It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in this case. He further submits that the petitioner has clean antecedent.

5. Learned counsel for the petitioner also submits that the petitioners are ready to donate Rs. 25,000/- in some

Patna High Court CR. MISC. No.16236 of 2025(2) dt.02-04-2025 2/3 charitable organization without accepting his guilt.

6. Considering the aforesaid facts, this application is allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the concerned Court below within four weeks from today, 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 the learned Additional Sessions Judge-IInd-cum-Special Judge, Excise Act, Madhubani/concerned Court below in connection with Benipatti Excise P.S. Case No. 02 of 2025 corresponding to G.O. Case No. 43 of 2025, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the BNSS. It is also subject to the condition that the petitioner shall deposit an amount of Rs. 25,000/- in Ramakrishna Mission Ashram, Bela, Muzaffarpur and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner.

8. As the petitioner claims to have clean antecedent, the Court below, before accepting the bail bonds of the petitioner, is directed to verify the antecedent of the petitioner. If

Patna High Court CR. MISC. No.16236 of 2025(2) dt.02-04-2025 3/3 the petitioner is found to be involved in any other case then the bail bonds of the petitioner shall not be accepted.

9. As a condition of this order, the petitioner, after being released on anticipatory bail, is directed to mark his attendance at Arer Police Station on first and third Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner. (Sandeep Kumar, J) Vikas/- U