Manoj Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85962 of 2025 Arising Out of PS. Case No.-126 Year-2024 Thana- Bahera District- Gaya ====================================================== Manoj Prasad S/O Late Sitaram Prasad R/O Village- Kharkhura Sajanpur, P.S.- Delha, Dist.- Gaya (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harsh Vardhan, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-12-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Bahera Police Station Case No. 126 of 2024, disclosing offences under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the First Information Report, the allegation against the petitioner is that he is the owner of motorcycle bearing Registration No. BR02BF-0173 which was used for carrying 6.750 litres Indian made foreign liquor.

4. Learned Counsel for the petitioner submits that

Patna High Court CR. MISC. No.85962 of 2025(2) dt.18-12-2025 2/3 petitioner is innocent and has falsely been implicated in this case only because he is the registered owner of seized motorcycle bearing Registration No. BR02BF-0173. Arrested co-accused, namely, Aryan Kumar is the son of the petitioner, who was driving the motorcycle and arrested with the wine. Liquor has not been recovered from the conscious possession of the petitioner. Petitioner is having no criminal antecedent.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the justification given by the petitioner and he is having no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge 5th, Gaya, in connection with Bahera Police Station Case No. 126 of 2024, subject to the condition laid

Patna High Court CR. MISC. No.85962 of 2025(2) dt.18-12-2025 3/3 down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita.

(Anil Kumar Sinha, J) Siwani/- U T