Bhola Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32232 of 2026 Arising Out of PS. Case No.-88 Year-2026 Thana- ISUAPUR District- Saran ====================================================== Bhola Manjhi Son of Late Sukan Manjhi Resident of Village- Piprahiya, P.S.- Iusapur, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar, Advocate For the Opposite Party/s :
Mr.Ahmad Ali, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-05-2026 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Isuapur P.S. Case No. 88 of 2026 for the offence under sections 111 of BNS 2023 and 30(a) of the Bihar Prohibition and Excise Act lodged on 15.03.2026 by the informant, Sampurnanand.
3. As per the prosecution story, the informant alleged that on secret information, the Police reached the place and from the house of Vikash Kumar, there is recovery of 20 liter liquor and behind the house of the petitioner, 95 liter of country made liqour was also recovered. This led to the FIR.
4. Learned counsel for the petitioner submits that he has no criminal record nor anything has been recovered from his house but recovery behind his house has been attributed to him.
Patna High Court CR. MISC. No.32232 of 2026(2) dt.13-05-2026 2/3
5. Learned APP opposes the prayer submitting that the recovery is behind the house of the petitioner.
6. Taking into account the submissions of the parties as also that the petitioner do not have criminal antecedent nor anything has been recovered from his conscious possession, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
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 3rd Exclusive Special Excise Judge, Saran at Chapra, in connection with Isuapur P.S.Case No. 88 of 2026 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(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 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
Patna High Court CR. MISC. No.32232 of 2026(2) dt.13-05-2026 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds; (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 his bail bonds. (Rajiv Roy, J) Ravi/ S. Prasad U T