Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20831 of 2025 Arising Out of PS. Case No.-113 Year-2024 Thana- GARDANIBAG District- Patna ====================================================== Manoj Kumar Son of Badri Chauhan Resident of Village -Gobindpur, PS -Phulwarisharif, District -Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar Jha, Adv.

Mr. Subodh Kr. Jha, Adv.

Mr. Chandra Mohan Jha, Adv.

Mr. Sarsaraz Hussain, Adv.

For the Opposite Party/s :

Mr. Parmanand Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-04-2025 Heard the parties

2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Gardanibagh P.S. Case No. 113 of 2024 registered for the offences punishable under Section 30(a), 34 of the Bihar Prohibition and Excise (Amended) Act, 2018.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 14 litres of country made liquor.

4. It is submitted by learned counsel appearing

Patna High Court CR. MISC. No.20831 of 2025(2) dt.23-04-2025 2/3 on behalf of the petitioner that out of acquaintance the petitioner provided his Scooty bearing registration no. BR 01 HC 5484 to his friend namely Vikash Kumar from whom the alleged illicit liquor was recovered. It is submitted that the activities of Vikash Kumar was not in knowledge of this petitioner and, therefore, it can be safely said that recovery of illicit liquor not appears to be made from the conscious physical possession of this petitioner who is a man of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual and legal submission and by taking note of fact that, recovery of illicit liquor prima-facie not appears to be made from the conscious physical possession of this petitioner, who is a man of clean antecedent, accordingly above-named petitioner, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the

Patna High Court CR. MISC. No.20831 of 2025(2) dt.23-04-2025 3/3 like amount each to the satisfaction of the learned Special Judge, Excise Court 1, Patna /concerned Court, where the case is pending in connection with Gardanibagh P.S. Case No. 113 of 2024, subject to the conditions as laid down under Section 482(2) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T