Sukhal Manjhi @ Shukhan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12456 of 2026 Arising Out of PS. Case No.-634 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Sukhal Manjhi @ Shukhan Manjhi S/O Late Bhawni Manjhi @ Late Bhwani Manjhi R/O village - Mira Mushehri, P.S.- Chapra Muffasil, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Muffasil P.S. Case No. 634 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Earlier vide order dated 23.04.2025 passed in Cr. Misc. 21764 of 2025, anticipatory bail was granted to the petitioner by a Co-ordinate Bench of this court with a direction to verify the criminal antecedent of the petitioner. Further, it appears that the learned Court below, after verification, has found that petitioner bears two criminal antecedents, accordingly, the bail bonds of the petitioner was not accepted.

Patna High Court CR. MISC. No.12456 of 2026(2) dt.24-02-2026 2/3

4. The prosecution case, in short, is that 40 liters liquor was recovered from sack.

5. 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. Learned counsel for the petitioner also submitted that the petitioner was not arrested on spot. Name of the petitioner has transpired in this case on the basis of disclosure made by local people. It is further submitted that the petitioner has got no concern with the alleged sack. The petitioner is in custody since 08.01.2026 and has got two criminal antecedents in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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

7. 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.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

Patna High Court CR. MISC. No.12456 of 2026(2) dt.24-02-2026 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Muffasil P.S. Case No. 634 of 2024, 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 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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