Manish Kumar Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56119 of 2025 Arising Out of PS. Case No.-350 Year-2025 Thana- PURNEA SADAR District- Purnia ====================================================== 1.

Manish Kumar Anand S/O Vijay Yadav @ Vijay Kumar Yadav Resident of village- New Sipahi Tola, Ward No.- 07, P.S.- K. Hat (Maranga), Dist.- Purnea 2.

Ravish Kumar @ Ishu S/O Parmanand Yadav Resident of village- New Sipahi Tola, Ward No.- 07, P.S.- K. Hat (Maranga), Dist.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K.G, Sr. Adv Mr. Ram Prawesh Kumar, Adv For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Sadar P.S. Case No. 350 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 97.75 liters of foreign liquor was recovered from car. Petitioners were arrested on spot. Petitioner no. 1 owner of vehicle.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.56119 of 2025(5) dt.04-12-2025 2/3 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. Learned counsel for the petitioners submits that petitioner's no.1 name has transpired as being owner of the seized vehicle and petitioner no. 2 was sitting with the petitioner no.1. The petitioners are in custody since 13.07.2025. Petitioner no.1 has got three criminal antecedents and petitioner no. 2 has got clean antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioner no.1 namely, Manish Kumar Anand be released on bail after framing of charge, if not already framed and petitioner no. 2, namely Ravish Kumar on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sadar P.S. Case No. 350 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.56119 of 2025(5) dt.04-12-2025 3/3 the family of the petitioners.

(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J) krishnakant/- U T