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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5033 of 2026

Arising Out of PS. Case No.-4271 Year-2025 Thana- Excise P.S. District- Patna

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1. Tinku Manjhi S/o- Yogendra Manjhi @ Jogindar Manjhi Village- Lohanipur

PS-Kadamkuan Distt- Patna

2. Md. Abbas (Abaas) Alam S/o- Md. Munna R/v- Pharsi Mohalla Mokama Ps-

Mokama Dist- Patna

... ... Petitioners

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mrs. Khushi Awadh, Advocate

For the Opposite Party/s : Mr. Nagendra Prasad, APP

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH

MISHRA

ORAL ORDER

2 29-01-2026 Heard learned counsel for the petitioners and learned

APP for the State.

2. The petitioners seeks bail in connection with Patna

Excise P.S. Case No. 4271/2025 instituted for the offences

punishable under Sections 30(a), 41 and 56(b) of the Bihar

Prohibition and Excise Act.

3. The prosecution case, in short, is that total 240 litres

of liquor was recovered from tempo.

4. Learned counsel for the petitioners submitted that

the petitioners have falsely been implicated in the present case.

No incriminating article has been recovered from the conscious

possession of the petitioners. Learned counsel further submitted

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that petitioners are not the owner of the vehicle. It is further

submitted that petitioner no. 2 is the driver of the vehicle in

question but he had no knowledge regarding the goods loaded in

the vehicle whereas petitioner no. 1 is the passerby of the way

and has become victim of circumstances. The petitioners are in

custody since 20.12.2025 and have no criminal antecedent.

There is no compliance of Section 103 of the Bharatiya

Nagarika 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 as also 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 Patna Excise P.S.

Case No. 4271/2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of

the family of the petitioners.

(II) The petitioners shall appear on each and every

date fixed at the trial. In case of default in such appearance on

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two consecutive dates, the Trial Court will have liberty to cancel

the bail bonds of the petitioners.

(Rudra Prakash Mishra, J)

atul/-

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