Durga Nand Kumar Manjhi @ Durganand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82180 of 2025 Arising Out of PS. Case No.-30 Year-2025 Thana- PATHAMARI District- Kishanganj ====================================================== 1.

Durga Nand Kumar Manjhi @ Durganand S/o Baleshwar Manjhi Resident of village- Hasanpur Manjhi Tola, PS- Palasi, Dist- Araria 2.

Md Dil Kasab @ Dil Kasab S/o Jaid Alam Resident of village- Chahetpur, PS- Palasi, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Pathamari PS Case No. 30 of 2025 (Special Case No. 251 of 2025) instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 382.350 liters foreign liquor was recovered from Duster car. 4.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have

Patna High Court CR. MISC. No.82180 of 2025(2) dt.02-12-2025 2/2 got no concern with the alleged recovery of liquor. It is submitted that petitioners are neither the owner nor the driver of the vehicle in question and they have no concern with the same. The petitioners are in custody since 06.10.2025 and have got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pathamari PS Case No. 30 of 2025 (Special Case No. 251 of 2025). (Rudra Prakash Mishra, J) Raj Kishore/- U T