IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75868 of 2025 Arising Out of PS. Case No.-267 Year-2025 Thana- MALSALAMI District- Patna ====================================================== Beby Kumar Son of Goverdhan Manjhi @ Gowardhan Manjhi R/o Village - Mansurganj Mussahari, Morcha Road(Begampur), P.S. - Malsalami, Dist. - Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Kumar, Advocate For the Opposite Party/s : Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 10-11-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Malsalami PS Case No. 267 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 135 liters country made liquor was recovered from two huts. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that recovery is made from the two huts of the co-accused and Patna High Court CR. MISC. No.75868 of 2025(2) dt.10-11-2025 2/2 petitioner has no concern with the same. The petitioner is in custody since 25.08.2025 and has got three criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. 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 Malsalami PS Case No. 267 of 2025, 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 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