Patna High CourtCR. MISC./66185/2025bail granted

Babalu Manjhi @ Bablu Manjhi v. The State Of Bihar

2025-10-09Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66185 of 2025 Arising Out of PS. Case No.-158 Year-2025 Thana- MANJHI District- Saran ====================================================== Babalu Manjhi @ Bablu Manjhi, S/O Khedaru Manjhi, aged about 28 years, Male, R/O Village- Manjhi Chouba Sthan, Police Station- Manjhi, DistrictSaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bishwajeet Singh, Advocate For the Opposite Party :

Mr. Parmanand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Manjhi P.S. Case No. 158 of 2025 dated 10.05.2025 registered for the offences punishable under Sections 115 (2), 126 (2), 109, 132, 121 (1)(2) read with Section 3(5) of the B.N.S., 2023 and Sections 30(a) and 45 of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total 100 litres of illicit raw liquor (pas) was destroyed and 170 litres of country made liquor was recovered from the house of the apprehended coaccused persons, Cheman Chaudhary @ Ganesh Chaudhary and

Patna High Court CR. MISC. No.66185 of 2025(2) dt.09-10-2025 2/3 Chanu Chaudhary from which 90 litres was spilled on the road by the public.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on suspicion. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The allegation against the petitioner is that he alongwith other co-accused persons attacked the police team and got free the apprehended co-accused persons, namely, Cheman Chaudhary @ Ganesh Chaudhary and further spilled and destroyed 90 litres of seized illegal liquor. The name of the petitioner has come in the present case on the basis of the disclosure made by the Mahal Chaukidar. There is no statutory compliance of Sections 103(4) and 105 of the B.N.S.S., 2023.

It is further submitted that the other co-accused persons, namely, Cheman Choudhary @ Ganesh Chaudhary and Chanu Chaudhary @ Umesh Chaudhary @ Channu Chaudhary have already been granted bail by a Bench of this Court in Cr. Misc. No. 44042 of 2025 vide order dated 14.07.2025, annexed as Annexure-P/4 to the present bail petition. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.08.2025.

Patna High Court CR. MISC. No.66185 of 2025(2) dt.09-10-2025 3/3

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra or his successor in connection with Manjhi P.S. Case No. 158 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T