Ganga Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39732 of 2025 Arising Out of PS. Case No.-75 Year-2024 Thana- KANGLI District- West Champaran ====================================================== Ganga Manjhi S/o Jamadar Manjhi Village- Satwariya, Police StationKangali, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Renuka Ratnakar (App 125) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Kangali P.S. Case No. 75 of 2024 for the offence under Sections 274 and 275 of the BNS, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. Recovery of total 17 litres of country made has been made from a paddy field which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent who has been falsely made accused in the case for committing no offence. Neither the petitioner was caught on the spot nor any illicit wine has been recovered from the conscious possession of the petitioner. Petitioner has no

Patna High Court CR. MISC. No.39732 of 2025(3) dt.27-06-2025 2/3 concern with the alleged recovered illicit wine which was not recovered from the conscious possession of the petitioner. The place from where recovery has been shown in the seizure list also does not belong to the petitioner as would appear itself from the seizure list because from paddy crops field the illicit wine was recovered.

5. Learned APP opposes the prayer for bail.

6. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge, Excise-II, Bettiah at West Champaran, in connection with Kangali P.S. Case No. 75 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) One of the bailors should be close relative of the petitioner.

(ii) Petitioner shall co-operate in the trial and shall be present physically on each and every fixed date till

Patna High Court CR. MISC. No.39732 of 2025(3) dt.27-06-2025 3/3 framing of charge and on his absence on two consecutive dates without sufficient reason, his bail bonds may be cancelled by the learned trial Court.

(S. B. Pd. Singh, J) Ankit Kumar/- U T