Manish Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25955 of 2026 Arising Out of PS. Case No.-1413 Year-2022 Thana- DANAPUR District- Patna ====================================================== 1.

Manish Manjhi S/O Jhapsi Manjhi R/O Vill.- Ashopur Musahari, P.S.- Danapur, Dist.- Patna.

2.

Shankar Manjhi S/O Lal Manjhi R/O Vill.- Ashopur Musahari, P.S.- Danapur, Dist.- Patna.

3.

Bilendra Manjhi S/O Kamlesh Manjhi @ Kamesh Manjhi R/O Vill.- Ashopur Musahari, P.S.- Danapur, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amaresh Kumar Jha, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 24-04-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation in the First Information Report is that 83 litres of country made liquor has been recovered from the place near Ashopur Devi Temple.

4. Learned counsel for the petitioners submits that the place of occurrence is an open place, which is easily accessible to all and hence, no liability can be fixed. It is submitted that the name of the petitioners transpired only on the basis of

Patna High Court CR. MISC. No.25955 of 2026(2) dt.24-04-2026 2/2 suspicion. It is further submitted that there is no recovery from the personal or conscious possession of the petitioners. There is no independent witness to the search and seizure.

5. Learned APP for the State opposed the prayer for anticipatory bail and submits that petitioner nos. 1 and 2 have no criminal antecedent but the petitioner no.3 has one criminal antecedent of similar nature. However, it has been submitted that the petitioner no.3 is on bail in the said case.

6. Taking into consideration the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Danapur P.S. Case No. 1413 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

(Soni Shrivastava, J) anand/- U T