MANISH KUMARversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16957 of 2026
                     Arising Out of PS. Case No.-208 Year-2024 Thana- GAYA MUFASIL District- Gaya
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                 MANISH KUMAR Son of Arun Yadav @ Arun Kumar Resident of Village -
                 Lamkani Binda, Police Station - Mohanpur in the district of Gaya Ji.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Sunil Kumar
                 For the Opposite Party/s :       Mr.Arun Kumar
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                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   25-03-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022 in

                   connection with Mufassil P.S.Case No. 208 of 2024.

                                3. As per the allegation, the petitioner along with

                   another accused person was in trade of illegal liquor. On being

                   alerted, the police during search, recovered 24 litres Beer kept

                   in 48 bottles.

                                4. The learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in the

                   present case. The petitioner is a person of clean antecedent and

                   has been dragged into this case on the basis of discloure made
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          by co-accused Raushan Kumar.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the fact that the petitioner was not

          apprehended on the spot and, therefore, no recovery has been

          made from the conscious physical possession of the petitioner

          and further given the fact that the search and seizure memo has

          not been signed by two independent witnesses which puts a

          question mark on the legality and validity of the seizure itself

          and also the fact that the petitioner bears the clean antecedent, I

          am inclined to grant him the privilege of anticipatory bail.

                       7. Let the petitioner, as named above, in the event of

          his arrest or surrender within four weeks from today, be

          enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Exclusive Special Excise Court No.1,

          Gayaji in connection with Mufassil P.S.Case No. 208 of 2024,

          subject to the conditions laid down under section 438(2) of the

          Code of Criminal Procedure/Section 482(2) of the Bharatiya

          Nagarik Suraksha Sanhita, 2023 and subject to further condition

          that :-

                       (i) the petitioner shall co-operate in the investigation/
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                     trial.

                                  (ii) the learned Court would, however, verify the

                     criminal antecedent of the petitioner and in case it is found that

                     the petitioner has concealed his criminal antecedent, the Court

                     below shall take step for cancellation of bail bond of the

                     petitioner. However, it is expected that the verification process

                     would be done expeditiously without causing any delay.


                                              (Alok Kumar Sinha, J)

HR/-

U      T