Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87813 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- JOKIHAT District- Araria ====================================================== Manish Kumar S/o Vishwanath Singh R/o Village - Madhusudanpur, P.S - Sakra, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends his arrest in connection with Jokihat PS Case No. 48 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act and under sections 319(2), 111(3) of the Bharatiya Nyaya Sanhita. 3.

The prosecution case, in short, is that total 2275.200 litres of liquor was recovered from truck. 4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case on the basis of the confessional statement of the apprehended person. Learned counsel further submitted that petitioner is neither the owner nor

Patna High Court CR. MISC. No.87813 of 2025(2) dt.15-01-2026 2/2 the driver of the vehicle. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner, therefore, contends that prima-facie no case is made out against the petitioner. The petitioner has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jokihat PS Case No. 48 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. (Rudra Prakash Mishra, J) Siddharth Soni/- U T