Manish Rai @ Manish Ray @ Manish Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83015 of 2025 Arising Out of PS. Case No.-457 Year-2025 Thana- BASANTPUR District- Siwan ====================================================== Manish Rai @ Manish Ray @ Manish Kumar Rai Son of Devnath Ray Resident of Village- Basantpur, P.S.- Basantpur, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Prakash Singh, Advocate For the Opposite Party/s :
Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Basantpur PS. Case No. 457 of 2025 dated 04-08-2025, instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. The allegation is of recovery of 242.640 litres of Indian Made Foreign Liquor from the bushes on the bank of the Malmaliya Canal.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that no incriminating article has been recovered from the conscious possession or from the house of the petitioner; rather, the alleged illicit liquor was
Patna High Court CR. MISC. No.83015 of 2025(2) dt.10-12-2025 2/3 recovered from an open place which is accessible to all. The petitioner has no concern with the seized liquor and he has been implicated in this case merely on the basis of suspicion. Lastly, it is submitted that one criminal case of a similar nature is pending against the petitioner, in which he is already on bail.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon 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, Court No.1, Siwan, in Basantpur PS. Case No. 457 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023 and further (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the
Patna High Court CR. MISC. No.83015 of 2025(2) dt.10-12-2025 3/3 court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse and (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U