Patna High CourtCR. MISC./18813/2025bail granted

Manish Kumar v. The State Of Bihar

2025-04-16Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18813 of 2025 Arising Out of PS. Case No.-87 Year-2024 Thana- PARANDABAR District- Nawada ====================================================== Manish Kumar Son of Dinesh yadav @ Dinesh Kumar Yadav Resident of village -Bichhua, P.S.- Wazirganj, District -Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-04-2025 Heard Mr. Pramod Kumar Verma, learned counsel appearing on behalf of the petitioner and Mr. Nirmal Kumar Sinha, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Parnadabar P.S. Case No. 87 of 2024 registered for the offence punishable under Section 30(a), 41 of the Bihar Prohibition and Excise Act, 2016.

3. As per the allegation made in the FIR, 200 litres of country made liquor was recovered from a motorcycle, belonging to the petitioner, bearing Registration No. BR27Q8928, Chassis No. MBLHAW125MHB83036 and Engine No. HA11EDMHB11015.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated

Patna High Court CR. MISC. No.18813 of 2025(2) dt.16-04-2025 2/3 in the case. The petitioner has no concern either with the seized liquor or with the trade of liquor, in any manner. The petitioner has lodged a case of theft of his motorcycle bearing Registration No. BR27Q-8928, Chassis No. MBLHAW125MHB83036 and Engine No. HA11EDMHB11015 on 16.03.2024 bearing Muffasil Thana P.S. Case No.238 of 2024, from which, nearly after one month i.e. on 21.04.2024 huge quantity of illicit liquor was recovered. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR, as well as, the information given on behalf of the petitioner that the said motorcycle, from which alleged recovery of illicit liquor was made, was stolen and FIR in that respect was filed by the petitioner, which has been registered on 16.03.2024 bearing Muffasil Thana P.S. Case No.238 of 2024, the learned District Court is directed to verify the same and if the aforesaid information found to be genuine, the petitioner, above named, is directed to be released on pre-arrest bail in the event of his arrest or surrender before the learned District Court, within a period of four weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.18813 of 2025(2) dt.16-04-2025 3/3 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court -1, Nawada, in connection with Parnadabar P.S. Case No. 87 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

(Purnendu Singh, J) Ashishsingh/- U T