Manjesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34080 of 2025 Arising Out of PS. Case No.-87 Year-2025 Thana- EXCISE BARH District- Patna ====================================================== Manjesh Kumar S/o- Arbind Singh Resident of village- Badpur PS- Maranchi Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Bihari Singh, Advocate For the Opposite Party/s :
Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Barh Excise P.S. Case No.87 of 2025 registered for the offences under Section 30(a) of the Excise and Prohibition Act, 2016.
3. As per the prosecution case the informant during vehicle check, intercepted a motorcycle on which two persons were riding and they were apprehended, who disclosed their names as Manjesh Kumar (petitioner) and one Amarjeet Kumar and on search total 30 litres of country made mahua wine was recovered.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case though the petitioner happens to be the owner of the
Patna High Court CR. MISC. No.34080 of 2025(2) dt.29-05-2025 2/3 motorcycle however he has no concern with the recovery of 30 litres of Mahua wine. Learned counsel further submits that the petitioner has been implicated in the present case by the police on false allegation of possession of liquor. It is lastly submitted that the petitioner has clean antecedent and he is in custody since 13.03.2025.
5. Learned APP for the State has opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the nature of allegation and the petitioner carries clean antecedent, let the petitioner abovenamed be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court, Barh, Patna in connection with Barh Excise P.S. Case No.87 of 2025 subject to the conditions :- a. One of the bailors of the petitioner shall be his close relative.
b. The petitioner shall remain physically present in Court on each date of the trial.
c. In case of absence on two consecutive dates or in violation of the terms of the bail,
Patna High Court CR. MISC. No.34080 of 2025(2) dt.29-05-2025 3/3 the bail bond of the petitioner will be liable to the cancelled by the court concerned.
d. The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the afore-mentioned order shall not be delayed for purpose of or in the name of verification. (Sourendra Pandey, J) Saurav/- U T