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Patna High CourtCR. MISC./63968/2025bail granted

Manu Singh @ Mannu Kumar Singh v. The State Of Bihar

2025-09-24Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63968 of 2025 Arising Out of PS. Case No.-111 Year-2025 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Manu Singh @ Mannu Kumar Singh S/o Ram Pravesh Ray @ Ram Pravesh Singh Resident of Village- Hitpatti, P.S.- Vishambharpur, Distict- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the State :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-09-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Vishambharpur P.S. Case No. 111 of 2025 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, lodged on 25.05.2025 by the informant, Jyoti Prakash.

3. As per the prosecution story, the Police upon secret information and during patrolling kept on intercepting the motorcycles and in that process, recovered/seized 54.00 liters country made liquor from the motorcycle of Vipul Singh and 43.00 liters foreign liquor from the motorcycle of Manu Singh (petitioner herein). Accordingly, the F.I.R.

4. Learned counsel for the petitioner submits that nothing has been recovered from his conscious possession but

2/4 the motorcycle which was being taken by the neighbour has been seized and he being owner has been named, though concede that the petitioner has criminal antecedent and if granted relief, he shall be diligently appearing in trial. The last submission is that without accepting the allegation or outcome of the petition the petitioner intends to pay Rs.10,000/- by Demand Draft issued by the local branch of the State Bank of India to the District Legal Services Authority, Gopalganj for the beautification/purchasing of flower pots/sanitary vending machine whichever is required in the Civil Court Campus, Gopalganj.

5. Learned APP opposes the prayer submitting that the petitioner has criminal antecedent.

6. Considering the submissions of the parties as also the fact that F.I.R. has been lodged, he shall be facing the music, an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rs.10,000/- by Demand Draft issued by the local branch of the State Bank of India to the District Legal Services Authority, Gopalganj, for the beautification/purchasing of flower pots/sanitary vending machine whichever is required in the Civil

3/4 Court Campus, Gopalganj and the receipt of the expenditure shall be submitted to the Trial Court by the District Legal Services Authority, Gopalganj.

7. Let the petitioner 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 thousand) with two sureties of like amount each to the satisfaction of learned Additional District and Sessions JudgeIV-cum-Exclusive Special Excise Court No.-II, Gopalganj, in connection with Vishambharpur P.S. Case No. 111 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 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/her bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance and at the end of the period a certificate be submitted

4/4 before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (iv) the petitioner 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;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds.

8. Let a copy of the order be communicated to the learned Principal District & Sessions Judge, Gopalganj for perusal and needful.

(Rajiv Roy, J) vinayak/- U T