Upendra Kumar Manjhi @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7783 of 2025 Arising Out of PS. Case No.-1372 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== Upendra Kumar Manjhi @ Rajesh Kumar Son of Kishori Manjhi Resident of Village - Bahor Bigha, P.S. - Mofassil, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Excise PS Case No. 1372 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 61.500 litres of liquor was recovered from the house of Gobardhan Chaudhary.

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 no concern with the alleged recovery of liquor. It is submitted that recovery is made from an open angan of co-accused

Patna High Court CR. MISC. No.7783 of 2025(2) dt.17-02-2025 2/2 Gobardhan Chaudhary and the petitioner was arrested by the police when he was going in the way near the house of coaccused Gobardhan Chaudhary. The petitioner is in custody since 22.12.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail by this Court vide order dated 13.02.2025 passed in Cr. Misc. No. 6840 of 2024 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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise PS Case No. 1372 of 2024.

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