Manish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55336 of 2025 Arising Out of PS. Case No.-187 Year-2025 Thana- Excise P.S. District- Muzaffarpur ====================================================== Manish Kumar Singh S/o Bachcha Singh, Resident of Village- Baitapur, P.S - Sahebganj, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No.II, Advocate.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Excise P.S. Case No.187 of 2025 instituted under Sections 30(a) & 32(3) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, on the secret information the police intercepted a motorcycle bearing Registration No. VR06-BM-1041 and recovered total 35 liter country made liquor. It is alleged that co-accused Nitish Kumar and Sudama Ray were apprehended on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being the registered owner of the seized motorcycle. He further submits that petitioner had already sold the seized vehicle to the co-accused Nitish Kumar vide sale deed dated 04.09.2024 and in this regard, he has filed the copy of same at Annexure- P/2 to the bail application. Learned counsel submits that petitioner had no

Patna High Court CR. MISC. No.55336 of 2025(2) dt.28-08-2025 2/2 knowledge about the misuse of the motorcycle by the purchaser namely Nitish Kumar. He further submits that petitioner was not present on the spot and he has no concern with the seized illicit liquor. Learned counsel submits that nothing has been recovered from the conscious possession of the petitioner. Petitioner has one criminal antecedent which does not belong to Excise Act 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 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 to each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.II, Muzaffarpur in connection with Excise P.S. Case No.187 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