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2025 DAILYLAW 64166 (PAT)

Manish kumar sah v. The state of bihar

CR. MISC./50891/2025 · 2025-08-04

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50891 of 2025 Arising Out of PS. Case No.-579 Year-2024 Thana- MADHAURAH District- Saran ====================================================== Manish kumar sah S/o Chuman sah R/o Village - Repura, P.S. - Marhowrah, Dist. - Saran ... ... Petitioner/s Versus The state of bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 04-08-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Marhowrah P.S. Case No. 579 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 75 liters liquor was recovered out of which 25 liter was recovered from bamboo orchard. 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. Learned counsel Patna High Court CR. MISC. No.50891 of 2025(2) dt.04-08-2025 2/2 for the petitioner also submits that the petitioner has got no concern with the alleged place of recovery. The alleged recovery has been made from an open place and the same is easily accessible to the public at large. It is further submitted that name of the petitioner has transpired in this case on the basis of disclosure made by local chaukidar. The petitioner is in custody since 28.06.2025 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 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 Marhowrah P.S. Case No. 579 of 2024. Rajorshi/- (Rudra Prakash Mishra, J) U T