Sukhal Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88919 of 2024 Arising Out of PS. Case No.-912 Year-2021 Thana- MANER District- Patna ====================================================== Sukhal Manjhi Son of Late Bulkan Manjhi Resident of Village - Chhitnawan Mushari, P.S. - Maner, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar For the Opposite Party/s :

Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-01-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 30(a), 30(c), 32(iii), 34, 36 and 41 of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of nine cases and allegation is of recovery of 127 litres of liquor from various places out of which 10 liters of liquor is alleged to have been recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be arrested subsequently based on his antecedent. It is further

Patna High Court CR. MISC. No.88919 of 2024(2) dt.31-01-2025 2/2 submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically. It is further submitted that even the house is a joint family property, as such, it cannot be alleged with certainty that it was the petitioner who had kept the liquor in the house or the liquor kept in the house was within his knowledge. It is next submitted that petitioner is in custody since 26.10.2024 and charge sheet has been submitted.

5. Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Maner P.S. Case No. 912 of 2021.

(Satyavrat Verma, J) Rishabh/- U T