Mantu Rai @ Mantu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50914 of 2025 Arising Out of PS. Case No.-100 Year-2025 Thana- AMNAUR District- Saran ====================================================== Mantu Rai @ Mantu Kumar S/o Mulki Rai @ Surendra Ray R/O VillagePojhi Parsa, P.S.- Derni Bazar, Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 25-07-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with Amnour P.S. Case No. 100 of 2025 registered for the offences under Sections 30(a), 33, 34 and 47 of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, the police party conducted a raid against liquor traders. They came to know that four persons were carrying liquor in a white coloured pick-up vehicle. It is further alleged that on seeing the police the four persons tried to flee, among whom three persons escaped and one was apprehended who disclosed his name as Suraj Kumar and then he disclosed the names of other three accused persons including the petitioner, who had fled away. Upon further
Patna High Court CR. MISC. No.50914 of 2025(2) dt.25-07-2025 2/3 enquiry, the apprehended accused disclosed that he had brought the vehicle from two local dealers namely Surendra Mahto and Ravan Manjhi. On search, total 640 litres of spirit like substance was found filled in the sixteen blue coloured gallons.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case at the behest of the police. It is further submitted that the petitioner was not concerned with the vehicle or the Liquor, which was admittedly not recovered from his conscious physical possession and moreover the police had not followed the procedures laid down under the law while preparing the seizure list. It is also submitted by learned counsel for the petitioner that co-accused Surendra Mahto has been granted bail by this Court vide order dated 02.07.2025 passed in Cr. Misc. No. 35042 of and co-accused Suraj Kumar has also been granted bail vide order dated 03.07.2025 passed in Cr. Misc. No. 35410/2025. It is lastly submitted that the petitioner has no criminal antecedent.
5. Learned APP for the State has opposed the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner above named be released on anticipatory bail, in the
Patna High Court CR. MISC. No.50914 of 2025(2) dt.25-07-2025 3/3 event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Exclusive Special Excise Court, Saran at Chapra in connection with Amnour P.S. Case No. 100 of 2025 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of the B.N.S.S.
7. This application stands disposed of.
(Sourendra Pandey, J) tusharika/- U T