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Patna High CourtCR. MISC./23599/2025bail granted

Mani Bhushan Kumar @ Mani v. The State Of Bihar

2025-04-30Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23599 of 2025 Arising Out of PS. Case No.-78 Year-2025 Thana- GORAUL District- Vaishali ====================================================== Mani Bhushan Kumar @ Mani S/o Ram Bilash Ray @ Ram Bilash Rai Resident of village- Dulapur, PS- Goraul Kathara, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s :

Ms. Rita Verma, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-04-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in connection with Goraul (Kathara) P.S. Case No. 78 of 2025 lodged on 19.02.2025, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, FIR has been lodged against the sole petitioner. Total recovery of 22.44 litres of illicit liquor has been made which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the recovery of the alleged liquor has been made from a mustard field which is a public place and petitioner has falsely been implicated in this case only due to village politics. Counsel submits that nothing has been recovered from the

Patna High Court CR. MISC. No.23599 of 2025(2) dt.30-04-2025 2/2 petitioner's possession and he has no criminal antecedent also.

5. Learned APP for the State opposes the prayer for bail of the petitioner but submits that petitioner has no criminal antecedent.

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to the satisfaction of Exclusive Special Excise Court no.1-cum-Additional District & Sessions Judge, Vaishali at Hajipur in connection with Goraul (Kathara) P.S. Case No. 78 of 2025, subject to the conditions as laid down U/s 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Dr. Anshuman, J) Divyansh/- U T