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2025 DAILYLAW 94592 (PAT)

Hardev Manjhi v. The State of Bihar

CR. MISC./78018/2025 · 2025-11-18

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78018 of 2025 Arising Out of PS. Case No.-266 Year-2025 Thana- AWTARNAGAR District- Saran ====================================================== 1. Hardev Manjhi S/O Janak Manjhi R/O Village- Murodpur, P.S- Awatarnagar, Distt.- Saran. 2. Munna Kumar S/O Hardev Manjhi R/O Village- Murodpur, P.S- Awatarnagar, Distt.- Saran. 3. Sarswati Devi @ Sarsati Devi W/O Hardev Manjhi R/O Village- Murodpur, P.S- Awatarnagar, Distt.- Saran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Nalin Kumar, Advocate For the Opposite Party/s : Mr.Asha Devi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 18-11-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Awtarnagar P.S. Case No. 266 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 115 liters of country made liquor was recovered from Palani. 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 Patna High Court CR. MISC. No.78018 of 2025(2) dt.18-11-2025 2/2 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. Learned counsel for the petitioners further submitted that the recovery has been made from Palani, which is joint family property of the petitioner. The petitioners are in custody since 12.09.2025 and have got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Learned APP 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/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Awtarnagar P.S. Case No. 266 of 2025. manish/- (Rudra Prakash Mishra, J) U T