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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3309 of 2025 Arising Out of PS. Case No.-1986 Year-2024 Thana- Excise P.S. District- East Champaran ====================================================== Manish Kumar S/O Ramjanam Prasad Yadav @ Ramjanam Ray, Resident of Kadamwa, Yadav Tola Ward no 14, P.S.- Ghorsahan, Dist.- East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kundan Rathore, Advocate For the Opposite Party/s : Mr.Shailendra Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2 14-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner in the present case is seeking regular bail in connection with Excise P.S. Case No.1986 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. He is in custody since 23.11.2024. The petitioner has got no criminal antecedent.
3. As per the prosecution story, 60 liters of Nepali country made illicit liquor have been recorded from a motorcycle.
4. Learned counsel for the petitioner submits that 60 liters of Nepali country made liquor has been seized
Patna High Court CR. MISC. No.3309 of 2025(2) dt.14-02-2025 2/3 from the motorcycle which does not belong to the petitioner and the petitioner has already remained in incarceration since 23.11.2024.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Having regard to the kind of allegations in which it is stated that 60 liters of Nepali country made liquor has been seized from the motorcycle which does not belong to the petitioner and the petitioner has already remained in incarceration since 23.11.2024 and investigation against him is complete, this Court directs release of the petitioner above named on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2, Motihari, East Champaran in connection with Excise P.S. Case No.1986 of 2024, subject to the conditions as laid down under Section 437(3) Cr.P.C.
7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his
Patna High Court CR. MISC. No.3309 of 2025(2) dt.14-02-2025 3/3 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of verification. This application stands allowed.
arvind/- (Rajeev Ranjan Prasad, J) U T