Anant Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38823 of 2026 Arising Out of PS. Case No.-82 Year-2026 Thana- Gaura P.S. District- Saran ====================================================== Anant Manjhi S/o Late Leda Manjhi R/o Village - Gaura Paswan Toli, P.S. - Gaura, Dist. - Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Singh, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-06-2026 Heard Mr.Nawal Kishore Singh,learned counsel for the petitioner and Mr.Binod Kumar, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 14.03.2026 in connection with Gaura P.S. Case No. 82 of 2026, F.I.R. dated 12.03.2026 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Recovery is of 16.400 liters of country made liquor.

4. Learned counsel appearing for the petitioner submits that from a bare perusal of the FIR it appears that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from behind the house of the petitioner and as per allegation in the FIR, the petitioner has fled away from the place of occurrence and

Patna High Court CR. MISC. No.38823 of 2026(2) dt.22-06-2026 2/3 altogether 16.400 liters of country made liquor was recovered from the place of occurrence and the seizure list witnesses are Bihar Home Guard personnel, so there is non-compliance of the Sections 103 and 105 of BNSS, 2023 and the police, after investigation, submitted the chargesheet against the petitioner and the petitioner is in custody since 14.03.2026.

5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries four more cases other than the present one but he fairly submits that the petitioner is on bail in all the cases, as mentioned in para-3 of the bail petition.

6. Considering the aforesaid fact, let the petitioner, above named, 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 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Gaura P.S. Case No. 82 of 2026,with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.38823 of 2026(2) dt.22-06-2026 3/3 (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T