Patna High CourtCR. MISC./8471/2026bail granted

Amit Kumar @ Majhi @ Manjhi v. The State Of Bihar

2026-02-11Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8471 of 2026 Arising Out of PS. Case No.-204 Year-2025 Thana- Dehri Mufassil District- Rohtas ====================================================== Amit Kumar @ Majhi @ Manjhi Son of Late Dukhi Singh Resident of Village- Dahiyar, P.S.- Sasaram (Muffasil), District- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Dehri (Muffasil) P.S. case No. 204 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 65 liters liquor was recovered from bushes adjacent to cremation ground and the petitioner was arrested on spot.

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

Patna High Court CR. MISC. No.8471 of 2026(2) dt.11-02-2026 2/3 further submitted that recovery is made from open place which is easily accessible to one and all. The petitioner is in custody since 14.12.2025 and has got ten criminal antecedent in which he is on bail in all the cases as stated in paragraph No. 3 of the bail application. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. The petitioner has ten criminal antecedents of similar nature and he does not deserve bail.

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, after framing of charge, if not already framed, on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dehri (Muffasil) P.S. case No. 204 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.8471 of 2026(2) dt.11-02-2026 3/3 fixed at the trial and shall not remain absent on two consequtive dates without sufficient cause.

(III) The petitioner will not tamper with the evidence or the witnesses during the trial.

(IV) Petitioner shall not commit offence of similar nature in future.

(V) Petitioner shall not leave the territorial jurisdiction of the learned Court below without taking prior permission of the Court concerned.

If any of the above conditions are violated, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Pankaj/- U T