Patna High CourtCR. MISC./82690/2025bail granted

Manoj Kumar Rai v. The State Of Bihar

2025-12-03Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82690 of 2025 Arising Out of PS. Case No.-243 Year-2025 Thana- Excise P.S. District- Saran ====================================================== Manoj Kumar Rai S/O Late Ram Nirekhan Rai R/O Village- Kuchah, P.SGarkha, Distt.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nalin Vilochan Tiwary, Advocate For the Opposite Party/s :

Mrs.Veena Kumari Jaiswal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sadar Excise P.S. Case No. 243 of 2025, instituted for the offences punishable under Section 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 70 liters of country made liquor was recovered from scooty.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is the owner of the vehicle. The alleged recovery has been planted

Patna High Court CR. MISC. No.82690 of 2025(2) dt.03-12-2025 2/2 in this case. The petitioner is in custody since 21.09.2025 and has got one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik 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 and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sadar Excise P.S. Case No. 243 of 2025.

(Rudra Prakash Mishra, J) manish/- U T