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Patna High CourtCR. MISC./56878/2025allowed

Manish Kumar @ Manish Kumar Singh v. The State Of Bihar

2025-08-21Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56878 of 2025 Arising Out of PS. Case No.-231 Year-2025 Thana- MADHUBAN District- East Champaran ====================================================== Manish Kumar @ Manish Kumar Singh S/O- Late Daljit Prasad Singh Resident of Village- Jogauliya Kothi PS- Madhuban District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Brajendra Nath Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 127.86 litres of illicit liquor from the hutment of the petitioner. It is alleged that this petitioner managed to flee away from the spot identified by the local Chaukidar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the disclosure made by local Chaukidar. Further submission is that petitioner has no concern with the seized illicit liquor and the place of occurrence. Nothing has been recovered from the conscious possession of the petitioner. It is

Patna High Court CR. MISC. No.56878 of 2025(2) dt.21-08-2025 2/2 submitted that seizure list witnesses are not the independent witnesses. Petitioner is a man of clean antecedent and he is in custody since 05.07.2025. There is no chance of absconding of the petitioner or tampering with the evidence. Petitioner undertakes to cooperate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on 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 Exclusive Special Excise Court No. 3, Motihari, East Champaran in connection with Madhuban P.S. Case No.231 of 2025. (Sunil Dutta Mishra, J) utkarsh/- U T