Dinanath Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23518 of 2025 Arising Out of PS. Case No.-643 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

Dinanath Manjhi Son of Rajeshwar Manjhi Resident of Village - Mira Mushehari, P.S. - Muffasil, District - Saran 2.

Raja Manjhi Son of Late Sawarath Manjhi Resident of Village - Mira Mushehari, P.S. - Muffasil, District - Saran 3.

Amir Manjhi Son of Late Baju Manjhi @ Baiju Manjhi Resident of Village - Mira Mushehari, P.S. - Muffasil, District - Saran 4.

Mukesh Manjhi Son of Late Vishwanath Manjhi Resident of Village - Mira Mushehari, P.S. - 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. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Muffasil P.S. Case No. 643 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 115 litres of liquor was recovered from different places out of which 20 litres from petitioner no. 1, 10 litres from petitioner no. 2, 25 lires from petitioner no. 3 and 25 litres from petitioner no.4 has

Patna High Court CR. MISC. No.23518 of 2025(2) dt.11-04-2025 2/3 been recovered.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioners rather the recovery has been made from outside the house of the petitioners which is accessible to local people. The petitioners have got no concern with the alleged recovery of liquor. The petitioners nos. 1 and 2 have one criminal antecedent each whereas petitioners no.3 and 4 have no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The coaccused person has already been granted regular bail by this Court vide order dated 04.03.2025 passed in Cr. Misc. No. 13798 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.23518 of 2025(2) dt.11-04-2025 3/3 below/concerned Court in connection with Muffasil P.S. Case No. 643 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T