Abhimanyu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29411 of 2025 Arising Out of PS. Case No.-141 Year-2025 Thana- GARKHA District- Saran ====================================================== Abhimanyu Kumar S/O Late Ram Pravesh Manjhi R/o - Jalal Basant, P.S - Garkha, District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Jha, Adv.
For the Opposite Party/s :
Ms.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Garkha P.S. Case No. 141 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, the police has recovered total 223 liters of illicit liquor from two motorcycles.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the
Patna High Court CR. MISC. No.29411 of 2025(2) dt.30-04-2025 2/3 petitioner. The petitioner is not the owner of the alleged motorcycles. The petitioner has no concern with the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 04.03.2025 without any rhymes or reason.
5. Learned counsel for the petitioner again submits that the co-accused persons have been granted bail by this Court vide order dated 07.04.2025 passed in Cr. Misc. No. 20872 of 2025.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two
Patna High Court CR. MISC. No.29411 of 2025(2) dt.30-04-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Garkha P.S. Case No. 141 of 2025.
(Rudra Prakash Mishra, J) rishi/- U T