Akhilesh Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48124 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- AMNAUR District- Saran ====================================================== 1.

Akhilesh Kumar Manjhi Son of Lakshman Manjhi Village -Amnour Hata PS- Amnour, Dist- Saran 2.

Rupesh Kumar Son of Ravan Manjhi Village -Amnour Hata PS- Amnour, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Amnour P.S. Case No. 52 of 2025 instituted for the offences under Sections 274 and 275 of the B.N.S. and Sections 30(a), 33, 34, 36, 47 of Bihar Prohibition and Excise Act. 3.

As per prosecution case, the police has recovered total 40 liters of illicit liquor from the motorcycle. 4.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.48124 of 2025(2) dt.11-07-2025 2/3 petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in the present case due to highhandedness of the police. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioners. Petitioner No.2 is the owner of the motorcycle. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioners have one criminal antecedent and is languishing in judicial custody since 03.06.2025 without any rhymes or reason. Other co-accused has been granted bail by this Court vide order dated 17-04-2025, passed in Cr. Misc. No. 24003 of 2025.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6.

Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioners, let the petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amnour P.S. Case

Patna High Court CR. MISC. No.48124 of 2025(2) dt.11-07-2025 3/3 No. 52 of 2025.

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