Bandhu Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7254 of 2025 Arising Out of PS. Case No.-344 Year-2020 Thana- BARAULI District- Gopalganj ====================================================== Bandhu Manjhi S/O Agam Manjhi Resident of Vill.- Kahala, P.S- Barauli, Dist.- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar Singh, Advocate For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 07-05-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioners apprehend his arrest in connection with Barauli P.S. Case no.344 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, a secret information having been received that the petitioner along with 13 others are involved in the business of liquor, the police party conducted raid and a total of 60 liters of country made liquor along with incriminating articles were recovered from the alleged place.
4. Learned counsel for the petitioner submits that the petitioners have been falsely implicated in the case. The petitioner was not arrested at the spot. The name of the petitioner has come only on the disclosure of chaukidar who has
Patna High Court CR. MISC. No.7254 of 2025(3) dt.07-05-2025 2/3 inimical terms with the petitioner. No recovery has been made from the physical or conscious possession of the petitioner. Learned counsel for the petitioner further submits that no independent witness is there on the seizure list further indicating violation of mandatory provisions of the B.N.S.S. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial. Learned counsel for the petitioner has further submitted that a number of co-accused have been granted anticipatory bail by this Court vide orders dated 12.08.2022 and 11.04.2022 passed in Cr. Misc. No. 20408 of 2022 with analogous case Cr. Misc. No. 23531 of 2022 and Cr. Misc. No. 11457 of 2022 respectively.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Considering the entire facts and circumstances of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Ramnagar P.S. Case no.452 of 2024 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-XIII-cum-Special
Patna High Court CR. MISC. No.7254 of 2025(3) dt.07-05-2025 3/3 Excise, Court No. 1, Gopalganj, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that the learned Court below would however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay.
(Soni Shrivastava, J) Harsh/- U T