IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64351 of 2025 Arising Out of PS. Case No.-211 Year-2019 Thana- ATHMALGOLA District- Patna ====================================================== Manikchand Kumar @ Manikchandra Kumar @ Manai Kumar, Son of Sagorath Ray @ Sawarth Rai, Resident of Village - Kalyanpur, P.S.- Athmalgola, District - Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Kant, Adv. For the Opposite Party/s : Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 24-09-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Athmalgola P.S. Case No. 211 of 2019, registered for the offences punishable under Sections 30(a) and 30(d) of the Excise Act. 3. The police on a secret information regarding manufacturing of illicit wine at the bank of river Ganges, conducted raid, however, noticing the police party, the persons who were involved in manufacturing of illicit wine, succeeded in fleeing away. In course of search, various manufacturing articles and other utensils were recovered. On search, 100 litres Patna High Court CR. MISC. No.64351 of 2025(2) dt.24-09-2025 2/3 semi-prepared mahua liquor was destroyed. 4. Learned Advocate appearing on behalf of the petitioner submitted that only on account of two criminal antecedents as has been disclosed in paragraph no. 3 of the bail application, the name of the petitioner alongwith others have been implicated in this case. From the narrations made in the FIR, it is evident that the identification of the petitioner has been made by local chowkidar and some other unknown persons, which also suggest mala fide on the part of the police officials. No process has ever been served upon the petitioner, all the more, co-accused Rajeev Kumar, who is also facing identical allegation, has been extended the privilege of anticipatory bail by learned co-ordinate Bench of this Court in Criminal Miscellaneous No. 34008 of 2025. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that besides two criminal antecedent, the petitioner was evading his arrest. 6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the fact that the materials available on record do not attract the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, 2016 and the case of the petitioner stands on Patna High Court CR. MISC. No.64351 of 2025(2) dt.24-09-2025 3/3 similar footing as that of the co-accused person, besides the infirmities in the search and seizure, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court, Excise, Barh in connection with Athmalgola P.S. Case No. 211 of 2019, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. supratim/- (Harish Kumar, J) U T