Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21633 of 2025 Arising Out of PS. Case No.-124 Year-2022 Thana- BUNIYAD GANJ District- Gaya ====================================================== Mantu Kumar S/O Shivraj Yadav R/O Vill.- Dalli Bigha, P.S.- Belaganj, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Buniyadganj P.S. Case No. 124 of 2022 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Amendment Act, 2022.

3. As per prosecution case, there is alleged recovery of 15 litre country made liquor from Hero Splendor Plus motorcycle in question.

4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has been transpired in the present case during the course of investigation as his wife is the owner of the motorcycle in

Patna High Court CR. MISC. No.21633 of 2025(2) dt.02-05-2025 2/3 question and she has stated before the police that the said motorcycle is used by the petitioner. Learned counsel further submits that on the basis of suspicion, petitioner has falsely been implicated in the case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner is not found at the place of occurrence. Learned counsel further submits that petitioner bears no criminal antecedent.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-cum-Exclusive Special Excise Judge Court No. 01, Gaya in connection with

Patna High Court CR. MISC. No.21633 of 2025(2) dt.02-05-2025 3/3 Buniyadganj P.S. Case No. 124 of 2022, subject to the conditions as laid down under 438(2) of the Cr.P.C. (Alok Kumar Pandey, J) vashudha/- U T