Sanjay Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32003 of 2025 Arising Out of PS. Case No.-427 Year-2022 Thana- BIKRAM District- Patna ====================================================== Sanjay Manjhi S/o Jawahir Manjhi R/o Village- Manjhauli, P.S.- Bikram, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Hriday Prasad, Advocate Mr. Ram Hriday Prasad, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 26-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Special Excise Case No. 1745 of 2022 arising out of Bikram P.S. Case No. 427 of 2022 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the FIR, the informant intercepted a motorcycle being ridden by three persons out of whom two managed to escape and one person was apprehended who disclosed his name as Ranjish Kumar and on search, 19 liters of Mahua liquor was recovered. The apprehended accused person disclosed the names of the persons who had fled as Sanjay Manjhi (petitioner) and Ganauri Manjhi.

4. The learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case as he was

Patna High Court CR. MISC. No.32003 of 2025(3) dt.26-05-2025 2/3 not apprehended with the incriminating article. He has further submitted that the petitioner has antecedent of one criminal case of a similar nature and has been in custody since 17.03.2025 in the present case.

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

6. Considering the aforesaid submissions made by the learned counsel for the parties and taking into account that no incriminating article has been recovered from the conscious possession of the petitioner, let the petitioner, above named, be released on bail on depositing a sum of Rs. 5,000/- (Five Thousand) before the Patna High Court Legal Services Committee and a receipt of the same shall be furnished before the learned court below at the time of furnishing bail bond. Thereafter, he shall furnish bail-bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Danapur, Patna in connection with Special Excise Case No. 1745 of 2022 subject to the conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court

Patna High Court CR. MISC. No.32003 of 2025(3) dt.26-05-2025 3/3 below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

(iv) And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of the same or in the name of verification.

(Sourendra Pandey, J) Prakash/- U