Mantu Nut Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Ms.Kanchan Kumari, Adv. For the Opposite Party/s : Mr.Md. Mushtaque Alam, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 04-11-2025

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

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The petitioner seeks bail in connection with Marhowrah P.S. Case No. 309 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

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As per prosecution case, the police has recovered total 210 liters of illicit country-made liquor from the place of occurrence.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. The petitioner was not

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Patna High Court CR. MISC. No.75602 of 2025(2) dt.04-11-2025 2/3

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apprehended at the place of occurrence and his name has come in this case on the basis of the disclosures made by the local Chowkidar . He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. The petitioner has never indulged either in manufacturing or trading of the illicit liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has altogether eleven criminal antecedents and is languishing in judicial custody since 27.08.2025 without any rhymes or reason.

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On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Marhowrah P.S. Case No. 309 of 2024, subject to the following conditions;

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(i) One of the bailor(s) shall be the own/close family

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Patna High Court CR. MISC. No.75602 of 2025(2) dt.04-11-2025 3/3

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members of the petitioner.

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(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

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(Rudra Prakash Mishra, J)

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rishi/-

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U T

Mantu Nut v. The State of Bihar

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Mantu Nut v. The State of Bihar

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