Patna High Court
Badri ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Regular bail is granted to the petitioner.
Summary
The petitioner Badri Manjhi was arrested in connection with a case registered under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act and Section 37 of the Bihar Prohibition and Excise Act, arising from a fight after a drinking session that resulted in an injury to a deceased person. The petitioner contended that he was falsely implicated, had no specific allegations against him, possessed a clean antecedent, and had been in custody since 2 May 2025. The State opposed the grant of regular bail, arguing the seriousness of the offences. The Court examined the facts, noting the lack of direct evidence linking the petitioner to the injury and his willingness to cooperate with the trial. Considering these circumstances, the Court allowed the petition for regular bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the charges under the Bihar Narcotic Substances Act and Bihar Prohibition and Excise Act
- Whether the nature of the alleged offence and the evidence on record justify denial of bail
Legislation cited
- Bihar Narcotic Substances Act — s. 103(1), 3(5)
Subjects
- bail
- regular bail
- excise law
- narcotic law
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78696 of 2025
Arising Out of PS. Case No.-303 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Badri Manjhi S/O Late Mithu Manjhi R/O Village- Beldari Bigha, P.S. and
Dist.- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Sinha, Advocate
Mr.Anjali Kumari, Advocate
For the State : Mr.Surendra Prasad Singh, APP
For the Informant : Ms.Supriya Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 30-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Makhadumpur (Jehanabad Excise) P.S. Case No. 303/2025
registered for the offences punishable under Sections 103(1),
3(5) of B.N.S. and Section 37 of Bihar Prohibition and Excise
Act.
3. As per the prosecution case, after having a drinking
session, the parties fought and in that the deceased has sustained
one injury.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that there is no
Patna High Court CR. MISC. No.78696 of 2025(3) dt.30-03-2026
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specific allegation against the petitioner. Petitioner has clean
antecedent and he is in custody since 02.05.2025. The petitioner
undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, 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 the learned Special Excise Court-I, Jehanabad
/concerned Court below in connection with Makhadumpur
(Jehanabad Excise) P.S. Case No. 303/2025.
(Sandeep Kumar, J)
tusharika/-
U T
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