Manish Kumar Mishra @ Manish Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22711 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Manish Kumar Mishra @ Manish Mishra S/O Arvind Mishra Resident of Village- Mukundpur, P.S- Mukundpur, Distt.- Kushinagar (U.P). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Swarnima, Advocate Mr. Saurabh Kumar, Advocate Mr. Shashwat Sahil Singh, Advocate For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-04-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner apprehending his arrest in connection with Kuchaikote P.S. Case No. 22 of 2025, registered for the offences punishable under Sections 41(1), 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 1790.64 litres of IMFL/country made liquor from the truck.

4. It is submitted by learned counsel that petitioner implicated with present case only being the owner of the truck bearing registration no. UP52AT0616. It is submitted that

Patna High Court CR. MISC. No.22711 of 2025(2) dt.30-04-2025 2/2 recovery admittedly not appears to be made from physical possession of this petitioner, who is a man of clean antecedent.

5. Learned APP opposed the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of fact as recovery of illicit liquor prima facie not appears to be made from the physical possession of this petitioner, where implication appears only being the owner of the truck carrying consignment of illicit liquor, who is a man of clean antecedent, accordingly, above named petitioner, in the event of her arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-IV cum Exclusive Special Judge Excise Court No. II, Gopalganj/concerned Court, where the case is pending in connection with Kuchaikote P.S. Case No. 22 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS. (Chandra Shekhar Jha, J) veena/- U T