Manoj Kumar Singh @ Manoj Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Manoj Kumar Singh @ Manoj Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail on arrest or surrender within four weeks, on bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani, subject to Section 438 (2) Cr.P.C. conditions and cooperation in investigation/trial.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in connection with G.R. No.1328/2024 arising out of Kaluahi P.S. Case No.183 of 2024, registered for offences under Section 3(5) of the Bharitya Nyay Sanhita and Sections 41, 47 and 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

Court's answer

Anticipatory bail is extended to the petitioner because he has no criminal antecedent and a co-accused of the present case has already been granted the privilege of anticipatory bail (order dated 05.02.2025 in Cr.Misc.No.1503 of 2025).

Ratio / Principle

The petitioner is to be released on bail in the event of arrest or surrender before the learned Court below within four weeks, on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani, subject to the conditions under Section 438 (2) of the Cr.P.C. and cooperation in the investigation/trial.

Detailed headnote1 paragraphs

Patna High Court (Soni Shrivastava, J), order dt.19-04-2025 in CR. MISC. No.11478 of 2025, granted anticipatory bail to Manoj Kumar Singh @ Manoj Singh apprehending arrest in G.R. No.1328/2024 arising out of Kaluahi P.S. Case No.183 of 2024 (District Madhubani), registered under Section 3(5) of the Bharitya Nyay Sanhita and Sections 41, 47 and 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, following recovery of 82.8 liters of Nepali liquor from a tempo found in a forest area. Bail was granted considering that the petitioner has no criminal antecedent and that a co-accused had already been granted anticipatory bail vide order dated 05.02.2025 in Cr.Misc.No.1503 of 2025. Release directed on bail bond of Rs.10,000/- with two sureties of the like amount each before the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani, subject to Section 438 (2) of the Cr.P.C. and cooperation in the investigation/trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11478 of 2025

Arising Out of PS. Case No.-183 Year-2024 Thana- KALUAHI District- Madhubani

======================================================

Manoj Kumar Singh @ Manoj Singh S/O Ramsogarath Singh R/O VillageKaluahi, Gram Panchayat- Harharpur North, Ward No. 06, P.S- Kaluahi, Distt.- Madhubani.

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Ratnakar Jha, Advocate For the Opposite Party/s : Mr.Md. Aslam Ansari, APP ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

2 19-04-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with G.R. No.1328/2024 arising out of Kaluahi P.S. Case No.183 of 2024 registered for the offences punishable under Section 3(5) of the Bharitya Nyay Sanhita and Sections 41, 47 and 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

A perusal of the FIR and the seizure list would go to show that a recovery of 82.8 liters of Nepali liquor was made from a tempo which was found in a forest area.

Learned counsel for the petitioner submits that the name of the petitioner has surfaced in this case on account of the

Patna High Court CR. MISC. No.11478 of 2025(2) dt.19-04-2025 2/3

fact that his motorcycle was also found at the place of occurrence. However, it has been submitted that no recovery has been made from the said motorcycle. On the strength of such fact, learned counsel would also submit that there is no recovery from the physical or conscious possession of the petitioner and the seizure list does not bear the signature of any independent witness.

Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the fact that the petitioner has no criminal antecedent and the co-accused of the present case has already been granted privilege of anticipatory bail vide order dated 05.02.2025 passed in Cr.Misc.No.1503 of 2025, I am inclined to extend the privilege of anticipatory bail to the petitioner. Let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, 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 Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with G.R. No.1328/2024 arising out of Kaluahi P.S. Case No.183 of 2024, subject to the condition as

Patna High Court CR. MISC. No.11478 of 2025(2) dt.19-04-2025 3/3

laid down under Section 438 (2) of the Cr.P.C. and subject to the further condition that the petitioner shall cooperate in the investigation/trial.

(Soni Shrivastava, J)

arvind/-

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