Nata Manjhi @ Sheolal Manjhi @ Shivlal Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38380 of 2025 Arising Out of PS. Case No.-300 Year-2024 Thana- KHAIRA District- Saran ====================================================== Nata Manjhi @ Sheolal Manjhi @ Shivlal Manjhi Son of Jawahir Manjhi @ Lakhi Manjhi Resident of Jagdishpur, P.S.- Khaira, Distt.- Saran , Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhijeet Abhigyan, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Khaira P.S. Case No. 300 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 30 litres of liquor has been recovered from field.

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 possession of the petitioner rather the recovery has been made from an open place which is accessible to local people. The petitioner has got no concern with the alleged recovery of

Patna High Court CR. MISC. No.38380 of 2025(2) dt.24-06-2025 2/3 liquor. The petitioner is in custody since 29.03.2025 and has two criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Other coaccused has been granted bail by this Court vide order dated 2502-2025, passed in Cr. Misc. No. 12005 of 2024. 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 Khaira P.S. Case No. 300 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.38380 of 2025(2) dt.24-06-2025 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Raj Kishore/- U T