Manoj Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61649 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- DEV District- Aurangabad ====================================================== Manoj Bhagat S/o Murli Dhar Bhagat R/o Village - Satra, P.O - Balathari, P.S - Kochas, District - Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikalp For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Deo P.S. Case No. 80 of 2025 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, 208. 44 litre illicit liquor was recovered from the tempo in question.

4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has been transpired in the present case as owner of the tempo in question. He further submits that petitioner has given his tempo to local driver for driving the vehicle for carrying the passengers and he has misused the said vehicle. Petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case.

Patna High Court CR. MISC. No.61649 of 2025(2) dt.23-09-2025 2/2 Petitioner bears no criminal antecedent. Nothing has been recovered from the conscious possession of the petitioner. In the light of aforesaid facts and circumstances, no offence is made out against the petitioner.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Aurangabad in connection with Deo P.S. Case No. 80 of 2025, subject to the conditions as laid down under Section Section 482(2) of B.N.S.S.

(Alok Kumar Pandey, J) vashudha/- U T