IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40651 of 2025 Arising Out of PS. Case No.-560 Year-2025 Thana- KATIHAR NAGAR District- Katihar ====================================================== Manish Kumar Choubey S/o Jainarayan Choubey R/o- Naya Tola, Tingacchiya, P.S.- Katihar (Nagar), Distt.- Katihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 01-07-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Katihar (Nagar) P.S. Case No. 560 of 2025, instituted for the offences punishable under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that, total 201.375 liters liquor was recovered out of which 6.75 liters liquor was recovered from the scooty of the petitioner and 194.325 liters liquor was recovered from the house of the petitioner. 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 Patna High Court CR. MISC. No.40651 of 2025(2) dt.01-07-2025 2/3 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the petitioner is not the owner of the scooty in question. It is further submitted that the alleged recovery has been made from the joint house of the petitioner where other family members also reside. The petitioner is in custody since 06.06.2025 and has got one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Learned APP 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 after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Katihar (Nagar) P.S. Case No. 560 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. Patna High Court CR. MISC. No.40651 of 2025(2) dt.01-07-2025 3/3 (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. Rajorshi/- (Rudra Prakash Mishra, J) U T