Vinod Kumar @ Mantu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29571 of 2025 Arising Out of PS. Case No.-108 Year-2025 Thana- RAJAOLI District- Nawada ====================================================== Vinod Kumar @ Mantu Kumar, S/o Prashadi Yadav, R/o Village- Bhaiji Bhitta, P.S- Rajauli, Distt- Nawada ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Suruchi Anand, Advocate.
For the State :
Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Rajauli P.S. Case No. 108 of 2025, dated 08.03.2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibtion and Excise (Amendmenbt) Act, 2022.
3. As per allegation, 675 litres of illicit Mahua liquor has been recovered from Hill side to the west of pond situated in village Bhaijibhita.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that no recovery of illicit liquor has been made either from personal possession of the petitioner or
Patna High Court CR. MISC. No.29571 of 2025(2) dt.15-05-2025 2/3 from his house. The alleged recovery has been made from an open space accessible to public at large. He also submits that there is no cogent evidence against the petitioner and the whole case against the petitioner is based on suspicion.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned court below in connection with Rajauli P.S. Case No. 108 of 2025 subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:
Patna High Court CR. MISC. No.29571 of 2025(2) dt.15-05-2025 3/3 (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T