Manohar Kumar @ Manohar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55456 of 2025 Arising Out of PS. Case No.-347 Year-2025 Thana- SHASTRINAGAR District- Patna ====================================================== Manohar Kumar @ Manohar Ray Son of Radhan Rai @ Randhir Rai, Resident at Rajkry Naveen Madhy Vidhalay, Rajvanshi Nagar, P.O. and P.S.- Shastri Nagar, District- Patna, Bihar 800023, Aadhar No.- 550440164266. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Roushan Kumar, Advocate.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Shastrinagar P.S. Case No.347 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 50 liter country made liquor near drain and 15.260 liter foreign liquor from a hut. The allegation is that the said hut and seized liquor belongs to the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner has no concern with the alleged recovery of liquor and he has been implicated in this case only on the basis of suspicion. Learned counsel submits that the place from where the alleged recovery is made is not in

Patna High Court CR. MISC. No.55456 of 2025(2) dt.30-08-2025 2/2 possession of the petitioner and petitioner has no concern with the said place. He further submits that no incriminating article has been recovered from the conscious possession of petitioner. Learned counsel submits that there is no proper compliance of mandatory provision of law in preparing the seizure list. He further submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial.

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

6. Considering the aforesaid 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 upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge-02, Patna in connection with Shastrinagar P.S. Case No.347 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

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