Ajay Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33921 of 2026 Arising Out of PS. Case No.-113 Year-2026 Thana- PANAPUR District- Saran ====================================================== Ajay Manjhi Son of Tilak Manjhi Resident of Village- Rasauli, P.S.- Panapur, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 20-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Panapur P.S. Case No.113 of 2026, F.I.R dated 10.04.2026 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016.
3. As per the prosecution case, on 10.04.2026, acting on secret information, the police conducted raids at village Sarangpur and recovered 5 liters of spirit from a tent house, while Jai Prakash Sah was apprehended. It is further alleged that
2/4 during another raid at village Rasauli, two persons fled away leaving behind a bag containing 7.200 liters of English wine, and they were identified as Mithilesh Manjhi and Ajay Manjhi, leading to institution of the F.I.R.
4. Learned counsel for the petitioner submits that the place of recovery is from a bush, near eastern side of the house of the petitioner, which is an open place and accessible to all. It has next been submitted that the name of the petitioner has transpired on the basis of secret information and the petitioner was not present at the place of occurrence and is in no way connected with the seized articles. Lastly, it has been submitted that the petitioner has two criminal antecedent akin to the instant case but is on bail in all the said cases.
5. Learned APP for the State opposes the prayer for anticipatory bail application.
6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the constructive possession and / or premises belonging to the petitioner and the petitioner has two criminal antecedent akin to the instant case but is on bail in all the said cases, accordingly, this Court is inclined to grant anticipatory bail to the petitioner.
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7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra, in connection with Panapur P.S. Case No.
(iv) the petitioner(s) shall desist from committing any
4/4 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) sharun/- U T