Sunil Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27505 of 2026 Arising Out of PS. Case No.-148 Year-2023 Thana- SIGAUDI District- Patna ====================================================== 1.
Sunil Manjhi S/o Ram Iqbal Manjhi R/o vill - Nadaul, Mathiya Narauli, P.S.- Sigori, Distt.- Patna 2.
Shambhu Manjhi S/o Makai Manjhi R/o vill - Nadaul, Mathiya Narauli, P.S.- Sigori, Distt.- Patna 3.
Fekan Manjhi @ Raj Kumar Manjhi S/o Somar Manjhi R/o vill - Nadaul, Mathiya Narauli, P.S.- Sigori, Distt.- Patna 4.
Sharwan Manjhi S/o Bindeshwari Manjhi R/o vill - Nadaul, Mathiya Narauli, P.S.- Sigori, Distt.- Patna 5.
Kamlesh Manjhi S/o Bhagat Manjhi R/o vill - Nadaul, Mathiya Narauli, P.S.- Sigori, Distt.- Patna 6.
Anil Manjhi S/o Bokhari Manjhi R/o vill - Nadaul, Mathiya Narauli, P.S.- Sigori, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar, For the Opposite Party/s :
Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-05-2026 Learned counsel for the petitioner seeks permission to withdraw this petition with respect to petitioner no. 3 Fekan Manjhi @ Raj Kumar Manjhi as the said petitioner has died during the pendency of this petition.
02. Permission is accorded.
03. Accordingly, the present petition is dismissed as withdrawn as against the petitioner no.3, Fekan Manjhi @ Raj Kumar Manjhi.
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04. Heard learned counsel for the petitioner nos. 1, 2, 4, 5 and 6 and learned APP for the State.
05. In the present case, the petitioners are apprehending their arrest in connection with Sigori P.S. Case No. 148 of 2023 registered for the alleged offences under Section 30(a) and 30(c) of the Bihar Prohibition and Excise Act.
06. As per prosecution case, in a follow-up action after an excise team was attacked by the villagers of village Narauli Mathia, a police team was constituted and extensive searches were conducted. Huge quantities of raw materials for manufacture of illicit country made liquor was recovered and destroyed. Recovery of 2 litres of country made Mahua liquor was also made from the house of coaccused Sangeeta Devi. Further allegation is of recovery of raw materials for making illicit liquor from the house of the petitioners.
07. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. No recovery has been made from the house of the petitioners and this fact is clear from the seizure lists. There are two seizure lists and 1st seizure list shows recovery from the house of coaccused Sangeeta Devi whereas 2nd seizure list shows recovery from the house of coaccused Subhash Yadav and Rabindra Yadav but there is no seizure list for recovery from the house of the
3/4 petitioners and this shows false allegations against the petitioners who are men of clean antecedent. Total quantity of recovered raw material differs in the written report of the FIR and the seizure lists which shows falsification of the case of the police.
08. Learned A.P.P. for the State opposes the submission made on behalf of the learned counsel for the petitioners.
09. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the vague and doubtful nature of allegation against the petitioners and further considering possibility of false allegation, let the petitioner nos. 1, 2, 4, 5 and 6, namely, Sunil Manjhi, Shambhu Manjhi, Sharwan Manjhi, Kamlesh Manjhi & Anil Manjhi in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Court of Special Excise Judge, Danapur in connection with Sigori P.S. Case No. 148 of 2023, subject to the condition laid down under Section 482(2) of the BNSS and other following conditions:
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain
4/4 present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) Anuradha/- U T