Balji Manjhi @ Balajit Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59698 of 2025 Arising Out of PS. Case No.-105 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== Balji Manjhi @ Balajit Manjhi S/O Late Fakir Manjhi R/O Village- Lakhaura Musahari Tola, P.S- Lakhaura, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.III, Adv.

For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioners seek bail in Lakhaura P.S. Case No. 105 of 2024, instituted for the offences punishable under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 50 liters liquor was recovered from field.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Though the petitioner is named in the F.I.R. but, was not apprehended on spot. No incriminating material have been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.59698 of 2025(2) dt.27-08-2025 2/2 The petitioner has got no concern with the alleged recovery of liquor. Name of the petitioner has transpired on the basis of disclosure made by local chowkidar. The petitioner is in custody since 01.05.2025 and has got one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. He further submits that the co-accused persons have been granted bail by this Court vide order dated 21.10.2024 passed in Cr. Misc. No. 74767 of 2024.

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 Lakhaura P.S. Case No. 105 of 2024.

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