Bijendra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6607 of 2025 Arising Out of PS. Case No.-426 Year-2024 Thana- MIRGANJ District- Gopalganj ====================================================== Bijendra Manjhi S/O Shri Shivlal Manjhi @ Shiolal Manjhi R/O VillageMarhaura Khas, P.S- Marhaura, Distt.- Saran, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Mirganj PS Case No. 426 of 2024 instituted for the offences under Sections 317(5) of B.N.S. and 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 163.900 litres of liquor in which 50.800 litres of country made liquor was recovered from motorcycle and 113.100 litres of foreign liquor was recovered from Tempo.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.6607 of 2025(2) dt.12-02-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that petitioner is neither the owner nor the driver of the seized vehicles and he has no knowledge regarding the nature of goods kept in the vehicle. The petitioner is in custody since 21.09.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mirganj PS Case No. 426 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T