Patna High CourtCR. MISC./36757/2025bail granted

Manoj Kumar v. The State Of Bihar

2025-05-29Justice Smt. Soni Shrivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36757 of 2025 Arising Out of PS. Case No.-267 Year-2025 Thana- DARIYAPUR District- Saran ====================================================== Manoj Kumar Son of Umesh Rai Village- Saman Chak Bajahiya, PsDariyapur, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. Perusal of the first information report and the seizure list, would go to show that 110.00 liters of illicit liquor is said to have been recovered from the roof of the house of the petitioner and the petitioner was arrested on the spot.

4. It is submitted by learned counsel for the petitioner that there is no recovery from the physical and conscious possession of the petitioner. The house is in joint possession of all the family members and hence, no liability can be fixed on the petitioner. There is no independent witness to the seizure list and the petitioner is in custody since 16.05.2025

Patna High Court CR. MISC. No.36757 of 2025(2) dt.29-05-2025 2/2 with no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail.

6. Taking into consideration the fact and circumstances of the case, the above named petitioner is directed to 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 Court below where the case is pending/successor Court in connection with Dariyapur P.S. Case 267 of 2025, subject to the condition that the petitioner would appear before the Investigating Officer of the concerned police station at an interval of every 15 days till the charge-sheet in this case is submitted.

(Soni Shrivastava, J) devendra/- U T