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2025 DAILYLAW 73178 (PAT)

Raj Kumar Manjhi @ Raj Kumar v. The State of Bihar

CR. MISC./62165/2025 · 2025-09-22

Arun Kumar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62165 of 2025 Arising Out of PS. Case No.-466 Year-2025 Thana- WAJIRGANJ District- Gaya ====================================================== Raj Kumar Manjhi @ Raj Kumar S/o- Chandar Manjhi @ Chander Manjhi Village- Babhandih Ps- Wazirganj Dist- Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 22-09-2025 Heard learned counsel for the petitioner and learned APP for the State. 02. In the present case, the petitioner seeks bail in connection with Wazirganj P.S. Case No. 466 of 2025 registered for the alleged offences under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. 03. As per prosecution case, in course of a drive against illicit trade of liquor, the police received secret information about petitioner and his co-accused father keeping illicit liquor in his house. A raid was conducted at the identified place and on seeing the police party, two persons tried to flee away from the spot and one of them, who is stated to be the petitioner, was apprehended. On search of the house of the petitioner, recovery of 80 liters of country made chulai liquor Patna High Court CR. MISC. No.62165 of 2025(2) dt.22-09-2025 2/3 was made and 1000 liters of semi fermented liquor (Jawa Mahua) was destroyed by the police party. 04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has been apprehended merely on suspicion and he has not engaged in business of liquor and has not kept the same in his house. Nothing incriminating has been recovered from the conscious possession of the petitioner and the recovery has been made from a joint house where other family members of the petitioner also resides. Learned counsel further submits that the father of the petitioner has also been made accused in the same prosecution case. The petitioner is having clean antecedent and he is in custody since 14.07.2025. 05. Learned APP for the State opposes the submission made on behalf of the petitioner. 06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and his clean antecedent, the petitioner above named is directed to 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 learned Exclusive Special Excise Judge-V, Gaya/court concerned in Patna High Court CR. MISC. No.62165 of 2025(2) dt.22-09-2025 3/3 connection with Wazirganj P.S. Case No. 466 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. Ashish/- (Arun Kumar Jha, J) U T