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Patna High CourtCR. MISC./50701/2025bail granted

Sukhal Manjhi v. The State Of Bihar

2025-11-14Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50701 of 2025 Arising Out of PS. Case No.-253 Year-2022 Thana- MANER District- Patna ====================================================== Sukhal Manjhi S/o Late Bulkan Manjhi R/o Village- Chhitnawan Mushari, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-11-2025 Heard the parties.

2. The petitioner is in custody in connection with Maner P.S. Case No. 253 of 2022 for the offence under Sections 30(a), 30(c), 32(iii), 34, 36 and 41 of the Bihar Prohibition and Excise Act lodged on 04.04.2022 by the informant, Sadanand Paswan.

3. Earlier, the bail applications of the petitioner were rejected vide orders dated 21.11.2024 and 26.03.2025 in Cr. Misc. no. 80292 of 2024 and 16518 of 2025 respectively and this is the third attempt.

4. As per the prosecution story, the informant alleged that during the conducting of raid, 105 liters of country-made liquor recovered/seized from the house of Babu Manjhi, 40 liters each from Chandan Manjhi, Mistry Manjhi and Rambabu

Patna High Court CR. MISC. No.50701 of 2025(5) dt.14-11-2025 2/3 Manjhi totalling 260 liters of country-made liquor and 48 liters recovered/seized from the house of the petitioner, this led to the FIR.

5. Learned counsel for the petitioner submits that he had already suffered by being in custody since 23.09.2024 as he has criminal antecedent and he shall be diligently appearing in trial, if granted relief.

6. Learned APP opposes the prayer submitting that he has criminal antecedent.

7. Taking into account the submission of the parties as also that he has remained in custody since 23.09.2024 and undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of bail with conditions.

8. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Excise Judge, Danapur, Patna in connection with Maner P.S. Case No. 253 of 2022 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

Patna High Court CR. MISC. No.50701 of 2025(5) dt.14-11-2025 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month till the conclusion of the trial to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T