Patna High CourtCR. MISC./59233/2025allowed

Manish Kumar Rai v. The State Of Bihar

2025-09-11Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59233 of 2025 Arising Out of PS. Case No.-278 Year-2025 Thana- BANIAPUR District- Saran ====================================================== Manish Kumar Rai S/o Ashok Rai R/o Kanhauli Manohar Narayan Tola, P.s.- Baniyapur, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mirtunjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-09-2025 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, 80 litres of illicit liquor was recovered from a motorcycle bearing Reg. No. BR04-AF4564. Petitioner was apprehended on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Further submission is that petitioner is neither the owner nor the driver of the seized motorcycle. Petitioner has no concern with the seized liquor. Nothing has been recovered from conscious possession of the petitioner. Petitioner has clean antecedent and there is no chance of his absconding or

Patna High Court CR. MISC. No.59233 of 2025(2) dt.11-09-2025 2/2 tampering with the evidence. Petitioner is in custody since 21.06.2025 and he undertakes to cooperate in the investigation and 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 Special Judge Excise-I, Saran in connection with Baniyapur P.S. Case No.278 of 2025.

(Sunil Dutta Mishra, J) utkarsh/- U T