Nandlal Majhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25976 of 2025 Arising Out of PS. Case No.-378 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Nandlal Majhi S/o Nathuni Majhi Resident of Village- Shilanath Batar tol, Ward No. 1, P.S.- Jaynagar, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jaynagar P.S. Case No. 378 of 2024, GR No. 1825 of 2024 instituted for the offences punishable under Sections 274, 275, 317(5), 3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 810 litres of liquor has been recovered from Garden as also from a motorcycle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.25976 of 2025(2) dt.25-04-2025 2/2 possession of the petitioner rather the recovery has been made made in two parts, i.e. outside the house of the petitioner which is accessible to local public as also from the motorcycle. The petitioner has got no concern with the alleged recovery of liquor. Petitioner is not the owner of the motorcycle in question. The petitioner is in custody since 02.03.2025 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

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

6. 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.

7. Let the petitioner 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 Jaynagar P.S. Case No. 378 of 2024, GR No. 1825 of 2024.

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