Lakshman Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49941 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- AMNAUR District- Saran ====================================================== Lakshman Manjhi S/O Late Julum Manjhi Village- Amnour Hata, P.S.- 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. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks 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, 37 of Bihar Prohibition and Excise Act.
3. As per prosecution case, the police has recovered total 40 liters of illicit liquor from the motorcycle. The petitioner was arrested on the spot.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.49941 of 2025(3) dt.20-08-2025 2/3 petitioner is innocent and has committed no offence as alleged against him and has 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 petitioner. Petitioner is not named in the FIR and name of the petitioner has surfaced in this case as being owner of the motorcycle in question. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has eight criminal antecedents and is languishing in judicial custody since 14.06.2025 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 petitioner.
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 petitioner, let the petitioner, abovenamed, be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court
Patna High Court CR. MISC. No.49941 of 2025(3) dt.20-08-2025 3/3 in connection with Amnour P.S. Case No. 52 of 2025. (Rudra Prakash Mishra, J) Raj Kishore/- U T