Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 24054 (PAT)

Manoj Sah @ Manoj Kumar v. The State of Bihar

CR. MISC./15492/2025 · 2025-03-17

R P Mishra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15492 of 2025 Arising Out of PS. Case No.-28 Year-2025 Thana- BETTIAH CITY District- West Champaran ====================================================== Manoj Sah @ Manoj Kumar Son of Amirika Sah village- kalibagh West, kargahiya, Ward no. 2, Ps- Bettiah town (kalibagh), Dist- West champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 17-03-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Bettiah (Town) PS Case No. 28 of 2025 instituted for the offences under Sections 30(a), 41(1) and 32 of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 74.460 litres of foreign liquor was recovered from roof of a building. 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 an open place, which is accessible to Patna High Court CR. MISC. No.15492 of 2025(2) dt.17-03-2025 2/2 one and all. It is further submitted that the name of the petitioner has transpired on secret information. It is next submitted that the building does not belong to the petitioner. The petitioner is in custody since 29.01.2025 and has got one criminal antecedent in which he is on bail. There is no compliance of Section 103 of B.N.S.S. 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bettiah (Town) PS Case No. 28 of 2025. Raj Ranjan/- (Rudra Prakash Mishra, J) U T