Manish Kumar @ Manish Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43744 of 2025 Arising Out of PS. Case No.-85 Year-2025 Thana- BRAHMPUR District- Buxar ====================================================== Manish Kumar @ Manish Kumar Sah S/O Brij Bihari Sah R/O VillageSapahi, P.S- Brahmpur, Distt.- Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :
Ms.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-07-2025 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Brahmpur P.S. Case No. 85/2025 registered on 31.05.2025 for the offences punishable under Section 30(a) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per prosecution, total recovery of 34.56 liters illicit liquor and 12 litres of Beer is the subject matter of the present case.
4. It is submitted by the learned counsel for the petitioner that the petitioner is innocent and has committed no offence. In fact, the alleged recovery has not been made from the possession of the petitioner rather it has been made from the house of co-accused, Raj Kumar but the petitioner being the full
Patna High Court CR. MISC. No.43744 of 2025(2) dt.16-07-2025 2/2 brother of co-accused has been made accused in this case. Moreover, petitioner has a clean criminal antecedent.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the antecedent of the petitioner is clean.
6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the Exclusive Special Judge, Excise-II, Buxar, in connection with Brahmpur P.S. Case No. 85/2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Dr. Anshuman, J) Ashwini/- U T