Vijay Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25129 of 2025 Arising Out of PS. Case No.-15 Year-2025 Thana- PANDAUL District- Madhubani ====================================================== Vijay Manjhi, S/O Late Bhola Manjhi @ Bholi Manjhi, R/O Vill.- Kamlabari, Dhanger Tola, P.S.- Pandaul, Dist.- Madhubani ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ratnakar Jha, Advocate For the Opposite Party :

Mr. Shahabuddin Azeem @ S. Azeem, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Pandaul P.S. Case No. 15 of 2025 dated 17.01.2025 registered for the offences punishable under Sections 30(a), 36, 38(1) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total 5000.4 litres of illicit foreign liquor was recovered from the Truck from which the petitioner and the other co-accused person Sohan Singh were apprehended who disclosed the name of other co-accused persons, namely, Prahlad Kumar Singh @ Pramod Singh and Aditya Kumar Singh who were riding on the motorcycle as a liner.

Patna High Court CR. MISC. No.25129 of 2025(3) dt.08-05-2025 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. No incriminating article has been recovered from his possession. The petitioner has no concern with the alleged offence. The petitioner is neither the owner of seized Truck nor he has any concern with the seized illegal liquor. There is no statutory compliance of Section 103 of the B.N.S.S., 2023. It is further submitted that the other co-accused person, namely, Sohan Singh, has already been granted bail by a Bench of this Court in Cr. Misc. No. 20442 of 2025 vide order dated 16.04.2025. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 18.01.2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well the period of custody, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, (Excise Act), Madhubani in connection with Pandaul P.S. Case No. 15 of 2025.

Patna High Court CR. MISC. No.25129 of 2025(3) dt.08-05-2025 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T