Ganesh Manjhi @ Ganesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36157 of 2025 Arising Out of PS. Case No.-541 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Ganesh Manjhi @ Ganesh Mahto Son of Jagannath Manjhib VillageChargaha @ Chargaja, Giri Tola, PS- Turkaulia, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-06-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application for grant of anticipatory bail arises out of Turkauliya Police Station Case No. 541 of 2024, dated 18.12.2024, disclosing offence under Sections 30(a)/41(1)/37 of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the police, on secret information that the peitioner and other accused persons are indulged in the manufacture and sale of illicit liquor, reached near the house of co-accused Kapil Manjhi, but on seeing the police, some persons started fleeing away, but the police

Patna High Court CR. MISC. No.36157 of 2025(2) dt.18-06-2025 2/3 apprehended one of them in drunken condition while 5-6 others succeeded in fleeing away. On search, the police recovered 60 litres of illicit country-made liquor from the house of co-accused Kapil Manjhi and a motorcycle parked near his house. The apprehended person disclosed the names of the persons who succeeded in fleeing away as the petitioner and others.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the disclosure of his name by the apprehended person. He further submits that the illicit liquor has been recovered from the house of the coaccused Kapil Manjhi and the motorcycle parked near his house and the petitioner is not the owner of he motorcycle. He further submits that the petitioner has got no concern with the illicit liquor recovered and he has got no criminal antecedent.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the name of the petitioner transpired in this case on the basis of disclosure of his name by the arrested co-accused person, the illicit liquor has been recovered from the

Patna High Court CR. MISC. No.36157 of 2025(2) dt.18-06-2025 3/3 house of the co-accused Kapil Manjhi and the petitioner has got no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. I, East Champaran, at Motihari, in connection with Turkauliya Police Station Case No. 541 of 2024, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √