Golden Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18263 of 2025 Arising Out of PS. Case No.-375 Year-2022 Thana- SAHPUR District- Patna ====================================================== Golden Manjhi S/o Shital Manjhi Ro Deokuli Musahari, PS- Bihta, DistPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.J ay Karn, Adv.

Mr. Md. Danish Qamer, Adv.

Mr. Sumit Shekar Pandey, Adv.

For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Shahpur P.S. Case No. 375 of 2022 instituted for the offences under Sections 30(a), 41 and 56 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered altogether 45 liters of illicit country-made liquor from the Scooty.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.

Patna High Court CR. MISC. No.18263 of 2025(3) dt.14-05-2025 2/3 He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is the owner of the alleged Scooty. The petitioner has no concern with the seized liquor. The petitioner was not aware of the contents of the material loaded in the Scooty. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has four criminal antecedents and is languishing in judicial custody since 10.02.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Shahpur P.S. Case No. 375 of 2022, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall

Patna High Court CR. MISC. No.18263 of 2025(3) dt.14-05-2025 3/3 be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

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