Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47065 of 2025 Arising Out of PS. Case No.-225 Year-2023 Thana- Excise P.S. District- Lakhisarai ====================================================== Manish Kumar Son of Shyamdeo Paswan Resident of Village - Alinagar, P.S.- Suryagarha, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case instituted under Sections 30(a), 56(II) of the Bihar Prohibition and Excise Act.

3. There is recovery of 5 litres illicit liquor from a motorcycle. Co-accused Banti Kumar was arrested and he disclosed that the petitioner was riding on the motorcycle with him, who fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of disclosure statement made by apprehended accused. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern either with the seized

Patna High Court CR. MISC. No.47065 of 2025(3) dt.14-10-2025 2/2 illicit liquor or the motorcycle in question. Except disclosure statement made by co-accused, there is nothing material against the petitioner. The owner of the said vehicle is Pankaj Kumar with whom petitioner has no concern. There is no independent witness of the seizure list. Petitioner is a young boy having no criminal antecedent and he undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Court concerned, Lakhisarai in connection with Lakhisarai Excise P.S. Case No.225c(2) of 2023 subject to the conditions as laid down under Section 482

(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Harish/- U T