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Patna High Court

Badri ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          2/2




                        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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