Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33257 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- Excise Jhanjharpur District- Madhubani ====================================================== Manish Kumar S/O Amarnath Das @ Amar Nath Das @ Amar Das R/O village- Jankinagar, Kumarkhad , ward no. 14, P.S.- Ladaniya, DisttMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumari Pallavi, Adv.

For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 26-05-2025 Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Jhanjarpur P. S. Case No. 09 of 2025 registered for the offences punishable under Sections 30(a), 32(1), 32(3) of the Bihar Prohibition and Excise Act.

3. This is a case of recovery of 1800 litres of Nepali liquor from a white coloured Tata Pickup which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has falsely been implicated in this case. He has clean antecedent. He has no concern with the alleged recovery or with the place of occurrence. He is in custody since 13.01.2025. He further submits that Petitioner is

Patna High Court CR. MISC. No.33257 of 2025(2) dt.26-05-2025 2/2 driver of the said vehicle on which illicit liquor was being transported.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Addl. Sessions Judge - II - cum - Special Judge, Excise, Jhanjarpur in connection with Jhanjarpur P. S. Case No. 09 of 2025 subject to the following conditions :- (i) Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii) One of the bailor shall be his family member. (S. B. Pd. Singh, J) prabhakar/- U T