Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46252 of 2025 Arising Out of PS. Case No.-122 Year-2025 Thana- UJIYARPUR District- Samastipur ====================================================== Manish Kumar Son of Rampravesh Mahto Resident of village - Pandh, Police Station - Dalsingsarai, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ujiyarpur P.S. Case No. 122 of 2025, instituted for the offences punishable under Sections 30(a), 33, 36 and 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 100 liters liquor was recovered from roadside near a general store.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the petitioner was not arrested from the place of occurrence. Name of the petitioner

Patna High Court CR. MISC. No.46252 of 2025(2) dt.21-07-2025 2/2 has transpired in this case on the basis of confessional statement made by co-accused, namely, Ajay Kumar Singh and the same has got no evidentiary value. The petitioner has got no concern with the general store. The petitioner is in custody since 02.06.2025 and has got one criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 10.07.2025 passed in Cr. Misc. No. 43692 of 2025. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ujiyarpur P.S. Case No. 122 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T