Munni Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23308 of 2025 Arising Out of PS. Case No.-536 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Munni Manjhi S/o Shiv Varan Manjhi Resident of Village- Rajarampul Mushari Tola, P.S.-Turkauliya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhurendra Kumar, Advocate For the State :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-05-2025 Heard the parties.

2. The petitioner is apprehending her arrest in connection with Turkauliya P.S. Case No. 536 of 2024 for the offence under Section 30(a) and 41 of the Bihar Prohibition and Excise Act, lodged on 15.12.2024 by the informant, Madan Kumar.

3. As per the prosecution story, the informant alleged that during patrolling, upon secret information, reached the place and recovered/seized 100 liters country made liquor from the asbestos house of the accused person which led to the F.I.R.

4. Learned counsel for the petitioner submits that he has nothing to do with the alleged recovery/seizure and has no criminal antecedent. The recovery/seizure is from an asbestos

Patna High Court CR. MISC. No.23308 of 2025(2) dt.01-05-2025 2/3 house which is open to everyone and as such, there is no recovery from conscious possession.

5. Learned APP opposes the prayer for bail.

6. Considering the aforesaid facts as also that nothing has been recovered from his conscious possession rather from an asbestos house and he has no criminal antecedent, in that background, this Court is inclined to extend her the privilege of anticipatory bail.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise Court No.1, Motihari, East Champaran, in connection with Turkauliya P.S. Case No. 536 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive

Patna High Court CR. MISC. No.23308 of 2025(2) dt.01-05-2025 3/3 dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T