Manoj Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39746 of 2025 Arising Out of PS. Case No.-572 Year-2024 Thana- BAKHTIYARPUR District- Patna ====================================================== Manoj Prasad S/O Late Doman Prasad @ Doman Sao Resident of village - Nayatola, Madhopur, Police Station - Bakhtiyarpur, Dist.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun, Advocate For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Bakhtiyarpur P.S. Case No. 572 of 2024 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution story, the informant has alleged that on 01.10.2024, the police, upon secret information that one Ranjit Kumar has kept illicit liquor at his garment shop situated at D.S. Market, Station Road, Bakhtiyarpur, proceeded towards the place of occurrence and on seeing the police party, one person came out of the garment shop and tried to flee away and succeeded in the same. Police recovered total 4.5 litres of illicit liquor from the garment shop of Ranjit Kumar. Thereafter,
Patna High Court CR. MISC. No.39746 of 2025(3) dt.27-06-2025 2/3 the police reached the godown of the said Ranjit Kumar, situated in the house of Jay Prakash and recovered 21.6 litres of foreign liquor from the said godown.
4. Learned counsel for the petitioner submits that from mere perusal of written report, and the rejection order, it is crystal clear that the petitioner is simply a landlord of the disputed shop and nothing incriminating has been recovered from his possession. Learned counsel further submits that he had let out the shop on rent from where the illicit liquor has allegedly been recovered to one Ranjeet Kumar regarding which he has filed agreement papers annexed in the bail petition as Annexure-2. He also submits that one co-accused namely, Jay Prakash has been granted bail by a co-ordinate Bench of this Court vide order dated 08.01.2025 in Criminal Miscellaneous No. 85355 of 2024.
5. Learned APP opposes the prayer for bail.
6. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the
Patna High Court CR. MISC. No.39746 of 2025(3) dt.27-06-2025 3/3 satisfaction of learned Exclusive Special Judge, Excise, Barh, Patna, in connection with Bakhtiyarpur P.S. Case No. 572 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) One of the bailors should be close relative of the petitioner.
(ii) Petitioner shall co-operate in the trial and shall be present on each and every fixed date till framing of charge and on his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the learned trial Court.
(S. B. Pd. Singh, J) Ankit Kumar/- U T