Kanhai Manjhi @ Kanhiya Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61110 of 2025 Arising Out of PS. Case No.-152 Year-2025 Thana- PARSA District- Saran ====================================================== Kanhai Manjhi @ Kanhiya Manjhi Son of Dindayal Manjhi Resident of Village - Anyay, P.S.- Parsa, Distt.- Saran 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 :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Parsa P.S. Case No. 152 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 270 liters liquor was recovered from bush near puliya.

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 no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the petitioner was not arrested on spot. The petitioner has been implicated in this case only on the basis of mere suspicion. It is next submitted that the

Patna High Court CR. MISC. No.61110 of 2025(2) dt.29-08-2025 2/2 alleged recovery has been made from an open place and the same is easily accessible to the public at large. The petitioner is in custody since 25.05.2025 and has got one criminal antecedent in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted bail by this Court vide order dated 30.07.2025 passed in Cr. Misc. No. 49502 of 2025. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP 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. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Parsa P.S. Case No. 152 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T