Nandelal Manjhi @ Nandlal Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42140 of 2025 Arising Out of PS. Case No.-321 Year-2024 Thana- SIRDALA District- Nawada ====================================================== Nandelal Manjhi @ Nandlal Manjhi S/O Birju Manjhi @ Birju Bhuian Resident of Village- Pandeydih, P.S.- Sirdalla, District- Nawada, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sirdalla PS Case No. 321 of 2024 instituted for the offences under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 80 litres of country made liquor was recovered from Brewery Centre (Bhatti) and 2000 litres of fermented Jawa Mahua was destroyed at the spot.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.42140 of 2025(2) dt.07-07-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that recovery is made from an open place, which is accessible to one and all. It is further submitted that local chowkidar disclosed the name of the petitioner. The petitioner is in custody since 25.04.2025 and has got two criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S. 5.

Learned A.P.P. 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 Sirdalla PS Case No. 321 of 2024.

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