Patna High CourtCR. MISC./1326/2025bail granted

Fulena Manjhi v. The State Of Bihar

2025-01-21Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1326 of 2025 Arising Out of PS. Case No.-487 Year-2024 Thana- PAHARPUR District- East Champaran ====================================================== Fulena Manjhi S/O Dharamraj Manjhi Resident of Vill.- Balua Musahari Kanhi Tola, P.S- Paharpur, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Paharpur P.S. case No. 487 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 5 liters liquor was recovered. 2500 litres semi prepared liquor was also destroyed.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.1326 of 2025(2) dt.21-01-2025 2/2 further submitted that the recovery is made from the joint house of the petitioner where other family members also reside. The petitioner is in custody since 28.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Paharpur P.S. case No. 487 of 2024.

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