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Patna High CourtCR. MISC./55171/2025allowed

Balvir Kumar @ Manish Shanakar Bharti @ Balvir v. The State Of Bihar

2025-08-27Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55171 of 2025 Arising Out of PS. Case No.-115 Year-2025 Thana- BISFI District- Madhubani ====================================================== Balvir Kumar @ Manish Shanakar Bharti @ Balvir S/O Birendra Kumar Yadav @ Virendra Yadav R/O Village- Bharan tol, P.S- Bisfi, DistrictMadhubani. ... ... Petitioner

Versus

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

For the Petitioner/s :

Ms. Kumari Pallavi, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bisfi P.S. Case No. 115 of 2025, instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

3. There is recovery of total 1647.36 litre illicit liquor from a tractor and Bolero vehicle which were standing near the mango orchard.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to previous two criminal antecedents. Petitioner was neither present on the spot nor he has concern with the tractor or Bolero vehicle. He undertakes to co-operate 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

Patna High Court CR. MISC. No.55171 of 2025(2) dt.27-08-2025 2/2 and submission 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 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court, Madhubani in connection with Bisfi P.S. Case No. 115 of 2025, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023 along with following conditions:

(i) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;

(ii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iii) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds.

(Sunil Dutta Mishra, J.) rakhi/- U T