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Patna High CourtCR. MISC./63707/2025bail granted

Manishankar Kumar v. The State Of Bihar

2025-09-24Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63707 of 2025 Arising Out of PS. Case No.-827 Year-2025 Thana- Excise P.S. District- Muzaffarpur ====================================================== Manishankar Kumar S/O Dinesh Sah R/O Village - Shahpur, Ward No. 1, P.S. - Hathauri, Dist. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Satya Nand Shukla, 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 Excise P.S. Case No. 827 of 2025 for the offence under section 30(a) of the Bihar Prohibition and Excise Act lodged on 28.06.2025 by the informant, Satish Kumar.

3. As per the prosecution story, the Police on secret information, raided the huts and there is recovery/seizure of 102.90 liters of foreign liquor and 455 liters of spirit and the locals gave the name of Dilip Sah and this petitioner. This led to the FIR.

4. Learned counsel for the petitioner submits that nothing has been recovered from the conscious possession and because of enmity and criminal antecedent, the locals named

2/4 him. The last submission is that without accepting the allegation and/or the outcome of the present case, the petitioner intends to contribute Rs. 15,000/- to the District Legal Services Authority, Muzaffarpur for the beautification of the Civil Court Campus/purchase of flower pots/purchase of sanitary vending machine, whichever is required in the Civil Court Campus of Muzaffarpur Judgeship through Demand Draft issued by the local branch of the State Bank of India.

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

6. Taking into account the submissions of the parties as also that there is no recovery from his conscious possession, FIR lodged and he shall be facing the trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions subject to payment of Rs. 15,000/- to the District Legal Services Authority, Muzaffarpur for the beautification of the Civil Court Campus/purchase of flower pots/purchase of sanitary vending machine, whichever is required in the Civil Court Campus of Muzaffarpur Judgeship through Demand Draft issued by the local branch of the State Bank of India and the receipt of the expenditure shall be submitted to the trial Court by the DLSA, Muzaffarpur.

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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 Exclusive Special Judge Excise, II, Muzaffarpur in connection with Excise P.S. Case No. 827 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(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 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;

(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;

4/4 (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 his bail bonds.

8. A copy of the order be sent to the Principal District and Sessions Judge, Muzaffarpur for his/her perusal and needful.

(Rajiv Roy, J) Adnan/- U T