Rajendra Prasad @ Rajendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49502 of 2025 Arising Out of PS. Case No.-152 Year-2025 Thana- PARSA District- Saran ====================================================== 1.

Rajendra Prasad @ Rajendra Mahto S/o Jay Mangal Mahto R/o Vill- Anyay, P.S.- Parsa, Distt- Saran at Chapra 2.

Sailesh Manjhi S/o Parmeshwar Manjhi R/o Vill- Anyay, P.S.- Parsa, DisttSaran at Chapra 3.

Akhilesh Manjhi S/o Parmeshwar Manjhi R/o Vill- Anyay, P.S.- Parsa, DisttSaran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Parsa PS Case No. 152 of 2025 instituted for the offences under Section 30(a) the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 270 litres of country made liquor was recovered from bush near puliya.

4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have

Patna High Court CR. MISC. No.49502 of 2025(2) dt.30-07-2025 2/3 got 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 petitioners. The petitioners are in custody since 25.05.2025. Petitioner no. 1 has no criminal antecedent, petitioner no. 2 has 4 criminal antecedents and petitioner no. 3 has one criminal antecedent. 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 petitioners. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7.

Let the petitioners 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 Parsa PS Case No. 152 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.

(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.49502 of 2025(2) dt.30-07-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

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