Mulchand Manjhi @ Munchun Manjhi @ Mulchan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9812 of 2025 Arising Out of PS. Case No.-179 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== Mulchand Manjhi @ Munchun Manjhi @ Mulchan Manjhi Son of Late Dasai Manjhi @ Bhadai Manjhi Resident of village - Lakhaura Musahari Tola, P.S.- Lakhaura, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. N.N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2025 Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner and Mr. N.N. Tiwary, learned APP for the State. 2.

The petitioner seeks bail in connection with Lakhaura PS Case No. 179 of 2024 instituted for the offences under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 22 litres of country made liquor was recovered from behind the house of the petitioner.

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

Patna High Court CR. MISC. No.9812 of 2025(2) dt.20-02-2025 2/2 that recovery is made from an open place, which is accessible to one and all. It is further submitted that local chowkidar disclosed the name of the petitioner. The petitioner is in custody since 20.11.2024 and has got one 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 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 Lakhaura PS Case No. 179 of 2024.

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