Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25138 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- BELA District- Sitamarhi ====================================================== 1.

Manish Kumar, S/o- Shyam Kishore Sah, Village- Sirisiya Bazar, PS-Bela Dist.- Sitamarhi 2.

Rohit Kumar, S/o- Shrikrishna Ram, Village- Sirisiya Bazar, PS-Bela Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-04-2025 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Bela P.S. Case No. 08 of 2025 dated 12.01.2025 registered for the offences punishable u/s 317(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 129 litres of illicit Nepali country made liquor was recovered from stolen motorcycles driven by the petitioners and the other co-accused person at village Sirsiya Market situated at Suryaahi.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.25138 of 2025(2) dt.23-04-2025 2/2 that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not the owner of the alleged motorcycles. The petitioners have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. The petitioner no. 1 has one criminal antecedent in which he is on bail and petitioner no. 2 has no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 13.01.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above- named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with Bela P.S. Case No. 08 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) khushbu/- U T