Anil Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32606 of 2025 Arising Out of PS. Case No.-118 Year-2025 Thana- EXCISE PALIGANJ District- Patna ====================================================== Anil Manjhi Son of Late Vigan Manjhi R/o village - Maharajganj Mushari, P.S.- Paliganj, District - Patna ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 21-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. Perusal of the first information report and the seizure list would go to show that 45 liters of country made liquor is said to have been recovered from a barren land adjacent to the house of the petitioner.

4. It is submitted by learned counsel for the petitioner that it is apparent from the place of recovery that the same has been made from an open place which is easily accessible to anyone and there is no recovery from the conscious or physical possession of the petitioner. There is no independent witness to

Patna High Court CR. MISC. No.32606 of 2025(2) dt.21-05-2025 2/2 the search and seizure violating the mandatory provisions. Petitioner has no criminal antecedent and has been languishing in custody since 13.02.2025.

5. Taking into consideration the fact and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) 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 Excise Paliganj P.S. Case No.118 of 2025.

(Soni Shrivastava, J) Trivedi/- U T