IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77567 of 2025 Arising Out of PS. Case No.-80 Year-2005 Thana- SONEPUR District- Saran ====================================================== Mantu Ray @ Mantu Gop S/O late Kaushan Rai @ Late Kosan Ray Resident Of Village- Jaitiya(Rai), Police Station- Sonepur, District- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Mili Kumari, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 17-11-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Sonepur PS Case No. 80 of 2005 instituted for the offences under Section/s 47(a) of the Excise Act and Section 273 of the Indian Penal Code (for short ‘IPC’). 3. The prosecution case, in short, is that 180 liters liquor was recovered from Bhathi. It is further alleged that 1000 liters Jawa was destroyed on the spot. 4. Learned counsel for the petitioner submits that the present one is the misuse of privilege of bail. It is submitted that the petitioner was earlier granted bail on 11.06.2008, whereafter, he defaulted in pairvi only due to lack of knowledge and Patna High Court CR. MISC. No.77567 of 2025(2) dt.17-11-2025 2/3 transfer of records, resulting in cancellation of bail on 27.01.2016. Thereafter, Non-Bailable Warrant was issued and petitioner was declared as absconder on 11.07.2023. He submits that the default was not deliberate and the petitioner is in custody since 18.07.2025 and has got nine criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. Learned counsel for the petitioner submits that petitioner is willing to abide by any condition imposed by this Court. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sonepur PS Case No. 80 of 2005, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date Patna High Court CR. MISC. No.77567 of 2025(2) dt.17-11-2025 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. Raj Kishore/- (Rudra Prakash Mishra, J) U T