Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30911 of 2025 Arising Out of PS. Case No.-142 Year-2025 Thana- HILSA District- Nalanda ====================================================== Manish Kumar S/O Ranjeet Prasad R/O Village- Manpurwas, P.S- Hilsa, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-05-2025 Heard the parties.

2. The petitioner is apprehending arrest in connection with Hilsa P.S. Case No. 142 of 2025 instituted under Sections 30(a) of the Bihar Prohibition and Excise Act lodged on 11.03.2025 by the informant, Tarun Kumar.

3. As per the prosecution story, the informant alleged that Parwati Devi is selling liquor, the Police raided the place and after search 15 liters of wine was seized. Later, the Police also went to the place of the petitioner and there is recovery/seizure of 03 liters of country made liquor. This led to the FIR.

4. Learned counsel for the petitioner submits that nothing has been recovered from his personal possession nor he has criminal antecedent and shall be diligently appearing in trial.

Patna High Court CR. MISC. No.30911 of 2025(2) dt.20-05-2025 2/3

5. Learned APP opposes the prayer.

6. Considering the submissions of the parties as also that the recovery/seizure is not from his personal possession, he do not have criminal antecedent, this Court is inclined to extend him the privilege of anticipatory bail. However, if it is found that the petitioner has criminal antecedent, the order shall become infructuous.

7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Hilsa P.S. Case No. 142 of 2025 to the satisfaction of learned District and Additional Sessions Judge-Vth cum Special Judge, Excise, Nalanda at Biharsharif subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his

Patna High Court CR. MISC. No.30911 of 2025(2) dt.20-05-2025 3/3 bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T