Butan Yadav @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70105 of 2025 Arising Out of PS. Case No.-467 Year-2025 Thana- ARA NAGAR District- Bhojpur ====================================================== Butan Yadav @ Manoj Kumar S/o Chaguni Yadav R/o Mohalla- Bhaluhipur, P.S.- Ara Town, District- Bhojpur at Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Omprakash Pandey, Adv For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 30(a), 30 (C), 41 of the Bihar Prohibition& Excise Amendment Act.

3. The case of the prosecution is that on secret information, the police raided and found that the petitioner along with others were indulged in manufacturing of illicit liquor and altogether 60 liters of country made liquor was recovered from Khajurbanna, an open place.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. It is further submitted that recovery has been made from an open place. Nothing has been recovered from conscious

Patna High Court CR. MISC. No.70105 of 2025(2) dt.07-10-2025 2/2 possession of the petitioner. It has been submitted that from perusal of the seizure list, it will transpire that the witnesses are police personnel and the seizure list does not contain the signature of the petitioner. The petitioner is in custody since 18.07.2025 having criminal antecedent of five cases in which he is on bail.

5. The learned APP for the State vehemently opposes the prayer for bail of the petitioner.

6. Considering the fact and circumstances of the case and submissions of the parties, let the above named petitioner, be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise 1st Bhojpur, Ara in connection with Ara P.S. Case No. 467 of 2025 with a condition that the petitioner shall not indulge himself in similar nature of offence in future.

(Ashok Kumar Pandey, J) N.K/- U T