Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 40623 of 2025 Arising Out of PS. Case No.-96 Year-2025 Thana- BEERPUR District- Begusarai ====================================================== 1.

Manish Kumar Son of Rajendra Paswan R/o Village Birpur Ward No 09 , PS Birpur District Begusarai 2.

Deepak Paswan @ Deepak Kumar Son of Rajendra Paswan R/o Village Birpur Ward No 09 , PS Birpur District Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-06-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Birpur (Beerpur) PS Case No. 96 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 30 litres of country made liquor was recovered from the house of the petitioners.

4. Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recov-

Patna High Court CR. MISC. No. 40623 of 2025(2) dt.30-06-2025 2/3 ered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is submitted that recovery is made from the joint house of the petitioners where the other family members also reside. Petitioner no. 1 has one criminal antecedent in which he is on bail and petitioner no. 2 has five criminal antecedents and in all the cases the petitioner no. 2 is on bail. The petitioners are in custody since 09.05.2025. There is no compliance of Section 103 of B.N.S.S.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Birpur (Beerpur) PS Case No. 96 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No. 40623 of 2025(2) dt.30-06-2025 3/3 the family of the petitioners.

(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T