Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52682 of 2025 Arising Out of PS. Case No.-489 Year-2025 Thana- Excise P.S. District- Sitamarhi ====================================================== Manish Kumar S/o Shriram Sah R/o Village - Bhagavanpur Piprahi Ward No. 18, P.S- Riga, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sitamarhi Excise PS Case No. 489 of 2025 instituted for the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 589.700 litres of Nepali liquor was recovered from Mahindra Scorpio and Scooty.

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. It is submitted

Patna High Court CR. MISC. No.52682 of 2025(2) dt.11-08-2025 2/2 that seized vehicles do not belong to the petitioner. It is further submitted that the name of the petitioner has transpired on secret information. The petitioner is in custody since 13.07.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. 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, clean antecedent of the petitioner 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.15,000/- (Rupees Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sitamarhi Excise PS Case No. 489 of 2025.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T