Chotu Manjhi v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.879 of 2025 Arising Out of PS. Case No.-578 Year-2024 Thana- MASHRAK District- Saran ====================================================== Chotu Manjhi S/O Shivratan Manjhi @ Shivtatan Manjhi R/O Vill- Bali Bishunpura, P.S- Masrakh, Distt- Saran.

... ... Petitioner/s

Versus

State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saroj Kumar Choudhary For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Masrakh P.S. Case No. 578/2024 dated 16.10.2024 registered for the offences punishable u/ss 30(a), 33, 34(a)(b), 37(a)(b), 47 of the Bihar Prohibition and Excise Act and Sections 123, 105, 110, 61(2) read with Section 3(5) of the B.N.S.

3. As per the prosecution case, the petitioner is involved in the business of illicit liquor and after consuming the said liquor one Islamuddin Ansari died. Further, on search, total 2 litres of illicit spirit was recovered from the shop where the petitioner's wife was present.

Patna High Court CR. MISC. No.879 of 2025(2) dt.18-02-2025 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has three antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 19.10.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Masrakh P.S. Case No. 578/2024 with the conditions:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. (ii). If the petitioner is found involved in similar nature of offence in the future, the prosecution will be at liberty

Patna High Court CR. MISC. No.879 of 2025(2) dt.18-02-2025 3/3 to move for cancellation of his bail bonds.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T