Manu Kumar Yadav @ Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 37294 of 2026 Arising Out of PS. Case No.-115 Year-2026 Thana- JANTA BAZAR District- Saran ====================================================== Manu Kumar Yadav @ Monu Kumar S/O Yogendra Yadav R/O Village - Tajpur Fhulwariya, P.s- Manjhi, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-06-2026 Heard Mr. Chandra Mohan Jha, learned counsel for the petitioner and Mr. Shailendra Kumar, the learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 25.04.2026 in connection with Janta Bazar P.S. Case No. 115 of 2026, F.I.R. dated 23.04.2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Recovery is of 304.200 liters of foreign liquor.

4. Learned counsel appearing for the petitioner submits that it appears from the FIR as well as the seizure list that the recovery was made from the vehicles in question and the petitioner is not the owner of the vehicles in question and he has made accused in the present case merely on the basis of

Patna High Court CR. MISC. No. 37294 of 2026(2) dt.16-06-2026 2/3 suspicion. It appears from the FIR itself that the seizure list witnesses are Bihar Homeguard personnel so, there is noncompliance of Section 103 and 105 of the B.N.S.S, 2023 and the petitioner is in custody since 25.04.2026.

5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner was apprehended at the place of occurrence and apart from the aforesaid, the petitioner carries one more case other than the present one of similar nature but, fairly submits that the petitioner is on bail in the said case, as mentioned in para-3 of the bail petition.

6. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Exclusive Special Excise Court, Saran at Chapra in connection with Janta Bazar P.S. Case No. 115 of 2026, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No. 37294 of 2026(2) dt.16-06-2026 3/3 (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that 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 above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T