Manoj Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61848 of 2025 Arising Out of PS. Case No.-228 Year-2025 Thana- TURKAULIYA District- East Champaran ====================================================== Manoj Ram S/o- Late Sundardeo Ram Village- Bijulpur Jirat Ps- Turkauliya Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner is apprehending arrest in connection with Turkauliya P.S. Case No. 228 of 2025 registered for the offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there is alleged recovery of 50 liters illicit country made liquor from the hut of co-accused Ramashray Ram. Local chowkidar disclosed the name of the petitioner who is said to have fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.61848 of 2025(2) dt.23-09-2025 2/3 in the first information report and he has been falsely implicated in this case. It is submitted that the alleged place from where the alleged recovery has been made is a joint family property and petitioner cannot be held liable for the alleged recovery. Petitioner is not in any way connected with the alleged occurrence. Petitioner was not found at the place of occurrence. Petitioner bears no criminal antecedent. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner, above named, in the event of arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, Excise Court No. 1, Motihari, East Chmparan in connection with Turkauliya P.S. Case No. 228 of 2025,

Patna High Court CR. MISC. No.61848 of 2025(2) dt.23-09-2025 3/3 subject to the conditions as laid down under section 482(2) of the B.N.S.S.

7. The application stands allowed.

(Alok Kumar Pandey, J) mcverma/- U T