Manoj Rai @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89911 of 2025 Arising Out of PS. Case No.-323 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== Manoj Rai @ Manoj Kumar, S/o- Mishrilal Rai, R/v- Bhadahar, Ps- Chiraiya Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anang Mohan Sinha, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 30-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Chiraiya P.S. Case No. 323 of 2024 instituted for the offence under Sections 30(a), 41(1) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short, is that while police was on patrolling duty, they received information that the petitioner and one Ranjan Yadav are coming on their Wagon-R and bike carrying liquor and they proceeding towards Motihari. On this information, a bike and Wagon-R was apprehended. There were three persons, they started fleeing away. They could not be apprehended. The chaukidar has identified the name of this petitioner.

Patna High Court CR. MISC. No.89911 of 2025(2) dt.30-01-2026 2/2

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from his possession. His name has surfaced only in the statement of Mahal Chaukiar. He is having no criminal antecedent.

5.Learned APP appearing for the State has vehemently opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Chiraiya P.S. Case No. 323 of 2024, he will 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 learned Exclusive Special Excise Judge-I, Motihari, East Chamapran, subject to the conditions as laid down under section 438 (2) of the Cr.P.C.

(Ashok Kumar Pandey, J) lata/- U T