Samauli Manjhi @ Somali Manjhi @ Somali Musahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2677 of 2025 Arising Out of PS. Case No.-512 Year-2024 Thana- RAJAOLI District- Nawada ====================================================== Samauli Manjhi @ Somali Manjhi @ Somali Musahar Son of Fagu Manjhi Resident Of Village -Fulwariya, Ps- Rajauli, Dist- Nawada ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-02-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Rajauli Police Station Case No. 512 of 2024, disclosing offences under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the F.I.R, on 23.10.2024, the police got the secret information that co-accused Rajesh Manjhi with his brother Samauli Manjhi i.e., the petitioner has kept the illicit liquor in his house and when the police party proceeded towards the place of occurrence then upon seeing the police party, Rajesh Manjhi and his family members started fleeing away and

Patna High Court CR. MISC. No.2677 of 2025(3) dt.15-02-2025 2/3 succeed in the same. Upon search, police seized 33 liters of mahua from the house of Rajesh Manjhi.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case only because he happens to be the brother of the co-accused Rajesh Manjhi, from whose house illicit liquor has been recovered. The petitioner and the co-accused, on the basis of secret information, were identified by the village chowkidar with whom the petitioner has inimical terms. The petitioner is residing separately in the same village and he is working at Delhi for his livelihood.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that the petitioner has four criminal antecedents and after lodging of the present F.I.R, another F.I.R. under Excise Act bearing Rajauli P.S Case No. 20 of 2025 has been lodged against the petitioner and it appears that the petitioner is a habitual offender, I am not inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, rejected.

7. However, if the petitioner surrenders before the concerned Court and seeks regular bail, the same may be

Patna High Court CR. MISC. No.2677 of 2025(3) dt.15-02-2025 3/3 considered by the concerned Court on its own merit on the same date without being prejudiced that anticipatory bail of the petitioner has been rejected by this Court.

(Anil Kumar Sinha, J) aditya/- U T