Mankhush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53565 of 2025 Arising Out of PS. Case No.-147 Year-2024 Thana- Excise P.S. District- Madhepura ====================================================== 1.

Mankhush Kumar S/O Kundan Yadav Vill - Manikpur, P.S. And Dist. - Madhepura 2.

Vikki Kumar S/O Hareram Yadav Vill - Manikpur, P.S. And Dist. - Madhepura 3.

Raja Kumar S/O Lalmohan Yadav Vill - Manikpur, P.S. And Dist. - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ramesh Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-08-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in a case registered under Section 45 of Bihar Prohibition and Excise Act.

3. As per the prosecution case, it is alleged that coaccused Sonu Kumar and Bunty Kumar and 10-15 unknown persons obstructed raiding operation and started fighting with police personnel and also broke the glass of police vehicle. It is also alleged that the accused persons forcibly freed co-accused Sonu Kumar from the police.

Patna High Court CR. MISC. No.53565 of 2025(2) dt.19-08-2025 2/3

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. Further submission is that petitioners are not named in the F.I.R. Their names have come during course of investigation that they were members of mob. Specific allegations of obstructing the raiding team, fighting with them and breaking glass of their vehicle are against co-accused Sonu Kumar and Bunty Kumar. It is submitted that no police personnel got injured in the alleged occurrence. Petitioner nos. 1 & 2 have no criminal antecedent and petitioner no. 3 has one criminal antecedent, in which he is on bail. Petitioners undertake to cooperate in the investigation and 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 petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII-cum-Special Judge, Excise-II, Madhepura in connection with Madhepura Excise P.S. Case No.

Patna High Court CR. MISC. No.53565 of 2025(2) dt.19-08-2025 3/3 147 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) utkarsh/- U T