Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59582 of 2025 Arising Out of PS. Case No.-107 Year-2025 Thana- Gurupa District- Gaya ====================================================== Manish Kumar, S/O Rajendra Yadav @ Rajendra Pd Yadav @ Balbant Yadav, R/O Village-Gurpa, P.S.-Gurpa, District-Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Onkar Nath, Advocate For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Gurpa P.S. Case No. 107 of 2025 for the offence registered under Section 30 (a) of the Bihar Prohibition & Excise Act.
3. As per the prosecution case, there is recovery of total 150 litres of country made liquor from the motorcycle driven by the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to his two criminal antecedents. Petitioner was neither the owner nor the driver of the vehicle in question. He has no concern with the seized liquor or motorcycle. Instead of real culprit who escaped away, this petitioner was apprehended.
Patna High Court CR. MISC. No.59582 of 2025(3) dt.26-09-2025 2/3 Nothing incriminating has been recovered from the conscious possession of the petitioner. Petitioner is in jail custody since 15.07.2025, having two criminal antecedents in which he is on bail. The charge-sheet has already been submitted after completion of investigation and petitioner undertakes to cooperate in the trial of the case.
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, nature of allegation and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds 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. 4, Gaya, in connection with Gurpa P.S. Case No. 107 of 2025, with further conditions that:- (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 bail bond by the Trial Court itself.
(ii) The petitioner shall desist from committing any such criminal offence again, failing which the State shall be at
Patna High Court CR. MISC. No.59582 of 2025(3) dt.26-09-2025 3/3 liberty to take steps for cancellation of bail bonds. (Sunil Dutta Mishra, J) khushbu/- U T