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2025 DAILYLAW 76305 (PAT)

Manish Kumar v. The State of Bihar

CR. MISC./68338/2025 · 2025-09-26

Sunil Dutta Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68338 of 2025 Arising Out of PS. Case No.-287 Year-2025 Thana- BIBHUTIPUR District- Samastipur ====================================================== Manish Kumar, S/O Subhash Kumar Singh @ Subhash Prasad Singh, Resident of Village- Sakhmohan, Ward No.15, P.S.- Bibhutipur, District- Samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 3 26-09-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks regular bail in connection with Bibhutipur P.S. Case No. 287 of 2025 for the offence registered under Section 30 (a) of the Bihar Prohibition & Excise Act. 3. As per the prosecution case, total 90 litres of foreign liquor recovered from the maize field of Manoj Mahto and it is alleged that the petitioner fled away from the place of recovery who was identified by the choukidar. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the basis of suspicion only. Petitioner was not present at the place of recovery. He has no concern with the seized liquor Patna High Court CR. MISC. No.68338 of 2025(3) dt.26-09-2025 2/2 or place of recovery. Recovery was made from a maize field which is an open place accessible to all. Nothing incriminating material has been recovered from the conscious possession of the petitioner. He further submits that except the disclosure statement made by the choukidar there is no mateiral against the petitioner. Petitioner is in jail custody since 27.07.2025, having no criminal antecedent. Petitioner undertakes to cooperate in the investigation and trial of the case. 5. Learned APP for the State has opposed the prayer for regular bail of the petitioner. 6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, nature of allegation and period of custody, let the petitioner, above named, 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 learned Exclusive Special Judge, Excise - 1, Samastipur, in connection with Bibhutipur P.S. Case No. 287 of 2025. khushbu/- (Sunil Dutta Mishra, J) U T