Manoj Singh @ Manoj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20424 of 2025 Arising Out of PS. Case No.-63 Year-2024 Thana- SONAMANI District- Araria ====================================================== Manoj Singh @ Manoj Kumar Singh S/o- Bhoganand Singh Dubb tola ward no 12, P.S. Sonamoni godam District-Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrigendra Kumar For the Opposite Party/s :
Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-04-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Sonamani Godam P.S. Case No. 63 of 2024 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, lodged on 11.11.2024 by the informant, Sanjay Kumar Pandey.
3. As per the prosecution story, the informant alleged that the police on secret information, intercepted a motorcycle coming from Nepal. Though the accused managed to escape, from the motorcycle, there is recovery of 5 litres country made liquor, which led to the F.I.R.
4. Learned counsel for the petitioner submits that nothing has been recovered from his conscious possession and only because the motorcycle belongs to him, he has been
Patna High Court CR. MISC. No.20424 of 2025(2) dt.30-04-2025 2/3 implicated. The petitioner has got no criminal antecedent.
5. Learned APP opposes the prayer for bail of the petitioner.
6. Taking into account the aforesaid facts as also that the recovery is from the motorcycle of the petitioner, this petitioner has got no criminal antecedent, an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of Court of District & Addl. Sessions Judge-cumExclusive Special Excise Judge-II, Araria in connection with Sonamani Godam P.S. Case No. 63 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.20424 of 2025(2) dt.30-04-2025 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) Ranjeet/- U T