Subhash Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62400 of 2025 Arising Out of PS. Case No.-319 Year-2025 Thana- MASHRAK District- Saran ====================================================== Subhash Manjhi S/o- Late Bhuwan Manjhi Village -Madarpur, P.s. Mashrakh, Dist- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs Rajani Kumari, Adv.

For the Opposite Party/s :

Mr.Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Mashrakh P.S. Case No. 319 of 2025, registered for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, police received information about petitioner keeping mahua liquor in the land of one Bhola Miya. A raid was conducted and the petitioner was apprehended and on search of that place, recovery of 03 litre country made mahua liquor was made.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits

Patna High Court CR. MISC. No.62400 of 2025(2) dt.23-09-2025 2/3 that nothing incriminating has been recovered from person or possession of the petitioner and the recovery has been shown from an open field. The petitioner is in custody since 21.07.2025. The petitioner is having antecedent of two cases of similar nature but he is on bail in all these cases.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that recovery has been shown from an open place and recovery is quite small quantity of liquor and further considering the period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Saran at Chapra/concerned court, in connection with Mashrakh P.S. Case No. 319 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on

Patna High Court CR. MISC. No.62400 of 2025(2) dt.23-09-2025 3/3 each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T