Shiv Bachan Kumar @ Shiv Bachan Manjhi @ Shiv Bachan Mjanjhi @ Subachan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3079 of 2025 Arising Out of PS. Case No.-141 Year-2024 Thana- Panchanpur District- Gaya ====================================================== Shiv Bachan Kumar @ Shiv Bachan Manjhi @ Shiv Bachan Mjanjhi @ Subachan Manjhi S/O Late Bugal Manjhi Resident of Bala Bigha, PSPanchanpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyamal Krishna Sinha, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-01-2025 Heard Mr. Shyamal Krishna Sinha, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State.

2.

The petitioner seeks bail in connection with Panchanpur PS Case No. 141 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 total 60 litres liquor in which 55 litres liquor was recovered from the house of the petitioner.

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 submitted

Patna High Court CR. MISC. No.3079 of 2025(2) dt.27-01-2025 2/2 that the name of the petitioner has transpired only on the basis of confessional statement of co-accused Ramrup Kumar. It is further submitted that recovery is made from the joint house of the petitioner where the other family members also reside. The petitioner is in custody since 17.11.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. 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, clean antecedent of the petitioner 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) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Panchanpur PS Case No. 141 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T