Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80009 of 2025 Arising Out of PS. Case No.-1211 Year-2025 Thana- Excise P.S. District- Patna ====================================================== Manish Kumar S/O Chaturghun Prasad @ Shatrughan Prasad R/O Ward no 22C, Sidheshwar Nagar, North Devi Asthan, PS- Patliputra, District- Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Apurv Harsh For the Opposite Party/s :

Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Excise P.S. Case No.1211 of 2025 dated 30.07.2025, registered for the offences under Sections 30(a) of Bihar Prohibition and Excise Act.

3. As per the FIR, during a raid, the police apprehended one Chaturgun Prasad and recovered 23.700 litres of illicit liquor from under the stairs of his house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case solely on the basis of statements made by the apprehended co-accused. No recovery has been made from the

Patna High Court CR. MISC. No.80009 of 2025(2) dt.03-12-2025 2/3 conscious possession of the petitioner, and he has no connection with the recovered country-made liquor. The petitioner has been falsely implicated due to enmity and local political considerations. It is further submitted that the alleged recovery was made from beneath the stairs of the house, which is in the joint possession of other family members of the petitioner. Lastly, it is submitted that the petitioner has three criminal antecedents, on which he is on bail.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the conscious possession of the petitioner and petitioner is in no way connected with the seized motorcycle, accordingly, this Court is inclined to grant anticipatory bail to the petitioner.

7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the Court below within a period of four weeks from today on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge, Excise and Prohibition Act,

Patna High Court CR. MISC. No.80009 of 2025(2) dt.03-12-2025 3/3 Patna/concerned court, in connection with Excise P.S. Case No.1211 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, 2023.

(Ajit Kumar, J) shikha/- U T