Manoj Kumar @ Manoj Mehta @ Makkhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73287 of 2025 Arising Out of PS. Case No.-345 Year-2025 Thana- BYPASS District- Patna ====================================================== Manoj Kumar @ Manoj Mehta @ Makkhi, S/o Shiv Nath Prasad, R/o Village- Bahri Dhabalpura, Bandhpar, P.S.- Bypass, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Bypass P.S. Case No. 345 of 2025 registered for the alleged offences under Section 37 of the Bihar Prohibition & Excise Act and Section 25(1-B)a/26 of the Arms Act.

3. As per prosecution case, police conducted a raid on the house of the petitioner on getting the information about the petitioner, an accused in Bypass P.S. Case No. 287/25, being present in his house. The petitioner was apprehended in inebriated condition and on search of the house, recovery of a country made pistol with 12 live cartridges was made.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.73287 of 2025(2) dt.15-10-2025 2/3 petitioner is innocent and has been falsely implicated in this case due to political rivalry. Nothing incriminating has been recovered from the person/possession of the petitioner. There is non-compliance of the mandatory provision with regard to search and seizure. The petitioner is in custody since 02.07.2025 and is having antecedent of six cases and he is on bail in all these cases. The charge sheet has been submitted.

5. Learned APP for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named is directed to 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 learned Special Judge, Excise, Patna City/court concerned in connection with By-pass P.S. Case No. 345 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each

Patna High Court CR. MISC. No.73287 of 2025(2) dt.15-10-2025 3/3 and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T