Ajay Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30759 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== AJAY MANJHI S/O Hardev Manjhi Resident of village- Dighwa, P.S.- Baikunthpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Dubey, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-05-2025 Heard Learned counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in connection with Baikunthpur P.S. Case No. 48 of 2025 lodged on 07.02.2025, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, FIR has been lodged against four named accused persons including the present petitioner. Total recovery of 22.680 litres of illicit liquor has been made which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the recovery of alleged liquor has been made from a bag which does not belong to the petitioner and nothing has been recovered from the petitioner's possession. Counsel submits that petitioner's name has come in this case due to

Patna High Court CR. MISC. No.30759 of 2025(2) dt.15-05-2025 2/2 disclosure made by the co-villagers who are unknown enemy. Counsel further submits that petitioner has no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioner but submits that petitioner has no criminal antecedent.

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to the satisfaction of Additional District and Sessions Judge-XIII-cum-Special Judge, Excise No.1, Gopalganj, in connection with Baikunthpur P.S. Case No. 48 of 2025, subject to the conditions as laid down U/s 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Dr. Anshuman, J) Divyansh/- U T