Mantu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90053 of 2025 Arising Out of PS. Case No.-21 Year-2017 Thana- SONEPUR District- Saran ====================================================== Mantu Rai Son of Banaras Rai R/O Village- Parmanandpur, P.S.- Sonepur, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Ms.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-12-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sonepur P.S. Case No. 21 of 2017 for the offence punishable under Sections 272, 273, 34 of the Indian Penal Code and Sections 30(a), 33, 33(a), 36, 41, 52 of the Bihar Prohibition and Excise Act, as amended up-to-date.

3. The allegation is of recovery of 10 litres of illicit liquor from a mustard field.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from conscious possession of the petitioner rather recovery is from a mustard field. He has no concern either with the

Patna High Court CR. MISC. No.90053 of 2025(2) dt.24-12-2025 2/3 manufacturing of liquor or its trade in any manner. Petitioner has clean antecedent and he is in custody since 11.10.2025.

5. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

6. Having heard the rival submissions made on behalf of the parties, as well as, the fact that recovery of illicit liquor has been made from a mustard field, nothing incriminating has been recovered from the conscious possession of the petitioner, petitioner is in custody since 11.10.2025, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending in connection with Sonepur P.S. Case No. 21 of 2017, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

Patna High Court CR. MISC. No.90053 of 2025(2) dt.24-12-2025 3/3

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(5) The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically loose its force.

7. The bail application stands disposed of.

(Purnendu Singh, J) Ashishsingh/- U T