Manoj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88214 of 2025 Arising Out of PS. Case No.-218 Year-2025 Thana- PANDAUL District- Madhubani ====================================================== Manoj Kumar Singh, S/o Ram Charitar Singh @ Kanhaiya Singh R/o VillBatlohiya, P.S.- Pandaul, Distt- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Murari Narain Chaudhary, Advocate For the Opposite Party/s :
Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Pandaul P.S. Case No. 218 of 2025 dated 17.09.2025 instituted for the offence punishable under Sections 30(a), 31(1), 31(2) & 41(1) of the Bihar Prohibition & Excise Act, 2022.
3. The allegation is of recovery of total 5385.12 litre foreign liquor from a car bearing Registration No. BR01AU9922 and a truck bearing Registration No. NL01G8727. Both vehicles were also seized at the place of occurrence.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered
2/4 either from the conscious possession of the petitioner or from his house. The alleged recovery has been made from the seized car and truck. Both the vehicles are not belonged to the petitioner. The petitioner has been made accused in this case only on the basis of disclosure made by the local Chaukidar. Lastly, it has been submitted that petitioner has 8 (eight) criminal cases against him, out of which 2 cases are similar nature to the present case.
5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Pandaul P.S. Case No. 218 of 2025, he will 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 Special Judge (Excise Act), Madhubani subject to condition as laid down under Section 482(2) of the B.N.S.S. as well as the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date
3/4 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.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the 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.
4. 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.
5. The petitioner within two weeks after his release from custody shall appear before the local police station along with a copy of this order and thereafter shall appear in the first week of every month to mark his attendance till the conclusion of
4/4 trial in the lower court.
(Khatim Reza, J) premchand/- U T