Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32864 of 2025 Arising Out of PS. Case No.-18 Year-2025 Thana- Excise P.S. District- Saran ====================================================== Manoj Kumar S/O Shatrudhan Mehto @ Shatrudhan Mahto Resident of Village- Mahamada, Police Station- Garkha, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Mili Kumari, Adv.

For the Opposite Party/s :

Ms.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sadar Excise P.S. Case No. 18 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 35 liters of illicit liquor out of which 14 liters of illicit liquor was recovered from the cycle of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and

Patna High Court CR. MISC. No.32864 of 2025(2) dt.14-05-2025 2/3 has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. 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 one criminal antecedent in which he is on bail and is languishing in judicial custody since 29.01.2025 without any rhymes or reason.

5. Learned counsel for the petitioner again submits that the co-accused persons namely Punanjay Kumar and Vishal Kumar have been granted bail by this Court vide order dated 28.03.2025 passed in Cr. Misc. No. 18349 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, let

Patna High Court CR. MISC. No.32864 of 2025(2) dt.14-05-2025 3/3 the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sadar Excise P.S. Case No. 18 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T