Manjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21507 of 2025 Arising Out of PS. Case No.-6 Year-2025 Thana- BELA District- Sitamarhi ====================================================== Manjeet Kumar S/O Late Ram Sharan Rai Resident Of Village- Baburban Ward No. 2, P.S.- Parihar, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Bela P.S. case No. 06 of 2025 instituted for the offences under Section 317(5) of Bharatiya Nyaya Sanhita, 2023 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 330 liters liquor was recovered out of which 66 liters liquor was recovered from motorcycle. The petitioner was arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.21507 of 2025(2) dt.17-04-2025 2/3 the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Cognizance has been taken under Section 317(5) of B.N.S. and Section 30(a) of Bihar Prohibition and Excise Act. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that no separate case with regard to theft of motorcycle was registered, as such, no case under Section 317(5 of B.N.S. is made out against the petitioner. The motorcycle in question does not belong to the petitioner. The petitioner is in custody since 08.01.2025 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.21507 of 2025(2) dt.17-04-2025 3/3 Court below/concerned Court in connection with Bela P.S. case No. 06 of 2025.

(Rudra Prakash Mishra, J) Pankaj/- U T