Sako Manjhi @ Satyendra Manjhi @ Sakindra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18906 of 2025 Arising Out of PS. Case No.-321 Year-2024 Thana- SIRDALA District- Nawada ====================================================== Sako Manjhi @ Satyendra Manjhi @ Sakindra Manjhi S/O Lalalju Manjhi @ Birju Manjhi Resident of Village- Pandeydih, P.S. Sirdalla, District- Nawada, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Sirdalla PS Case No. 321 of 2024 dated 27-08-2024, instituted under Sections 30(a)(c) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation is of the recovery of 80 litres of Mahua liquor and 2000 litres of Mahua Mitha solution (semi prepared liquor) from the forest area.

4.Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is submitted that the petitioner has been made an

Patna High Court CR. MISC. No.18906 of 2025(2) dt.16-04-2025 2/3 accused merely on the basis of the disclosure made by the chowkidar and a spy. It is further submitted that, as evident from the seizure list as well as the First Information Report (FIR), the alleged recovery was made from the Pandeydih forest area, which is a deserted place accessible to all and does not belong to the petitioner. It is also submitted that the said alleged illegal activity was carried out with the connivance of the personnel of the Forest Department. Nothing has been recovered from the conscious possession of the petitioner or from his house. The petitioner has no concern whatsoever with the seized articles. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court -01, Nawada, in Sirdalla PS Case No. 321 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.

Patna High Court CR. MISC. No.18906 of 2025(2) dt.16-04-2025 3/3

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U