Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59354 of 2025 Arising Out of PS. Case No.-187 Year-2025 Thana- PARSA District- Saran ====================================================== Sudha Devi W/o Late Lakshman Manjhi R/o Village- Titira, P.S.- Parsa, District- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 59461 of 2025 Arising Out of PS. Case No.-187 Year-2025 Thana- PARSA District- Saran ====================================================== 1.

Kishan Kumar Son of Late Lakshman Manjhi R/o Village - Titira, P.S. - Parsa, Dist. - Saran.

2.

Sonu Kumar Son of Late Laxman Manjhi R/o Village - Titira, P.S. - Parsa, Dist. - Saran.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 59354 of 2025) For the Petitioner/s :

Mr. Nalin Kumar, Advocate For the State :

Mr. Manoj Kumar, APP (In CRIMINAL MISCELLANEOUS No. 59461 of 2025) For the Petitioner/s :

Mr. Nalin Kumar, Advocate For the State :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-09-2025 Heard the parties.

2. The petitioners are apprehending their arrest in connection with Parsa P.S. Case No. 187 of 2025 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, lodged on 15.06.2025 by the informant, Ajitlal Ganesh.

3. As per the prosecution story, the informant alleged that the Police intercepted a scooty and upon search there is

Patna High Court CR. MISC. No.59354 of 2025(2) dt.22-09-2025 2/3 recovery/seizure of 125 liters counter made liquor, one Imran Alam was arrested and he gave the name of the others who escaped, this led to the F.I.R.

4. Learned counsel for the petitioners submit that one person has been arrested and three have been named and it is impossible for four persons to ride a single scooty, much less one of the petitioner, who is a lady, they are implicated only because of criminal antecedents and the scooty does not belong to them, if granted relief, they shall be diligently appearing in trial.

5. Learned APP opposes the prayer submitting that the persons apprehended named these petitioners.

6. Considering the submissions of the parties as also that while petitioner Sudha Devi is a lady, other two are young persons, all of them have made categorical statement that the scooty does not belong to them and an undertaking has been given that they shall be diligently appearing in trial, in that background, this Court is inclined to extend them the privilege of anticipatory bail.

7. However, if it is found that any of the petitioner own the scooty, the order against them shall become infructuous.

8. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten

Patna High Court CR. MISC. No.59354 of 2025(2) dt.22-09-2025 3/3 thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court No.3, Saran at Chapra, in connection with Parsa P.S. Case No. 187 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioners 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 their bail bond by the Trial Court itself;

(iii) the petitioners 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;

(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T