Sanjay Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37280 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- GHOSI District- Jehanabad ====================================================== Sanjay Manjhi S/o Dukhan Manjhi R/o Village- Sakraudha, PS- Okari Ghoshi, Distt- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Sumitra, Adv.
For the Opposite Party/s :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-06-2025 Heard Ms. Sumitra, learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Ghoshi P.S. Case No. 08 of 2025 for the offence registered under sections 30(a) of Bihar Prohibition & Excise Amendment Act, 2022 lodged on 07.01.2025 by the informant, Pravin Kumar.
3. As per the prosecution story, the Police upon information, raided a thatched hut and there is recovery/seizure of 5 liter 'mahua'. The Choukidar gave the name of this petitioner, which led to the FIR.
4. Learned Counsel for the petitioner submits that the recovery/seizure is from a thatched hut which is accessible to everyone, only because of criminal antecedent, he has been
Patna High Court CR. MISC. No.37280 of 2025(2) dt.18-06-2025 2/3 named by the Chaukidar, he shall be diligently appearing in trial.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that the petitioner has criminal antecedent.
6. Considering the submissions of the parties as also the fact that the recovery/seizure is from a thatched hut, not from his conscious possession, in that background, this Court is inclined to grant him the anticipatory bail with conditions.
7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-I, Jehanabad in connection with Ghoshi P.S. Case No. 08 of 2025 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive
Patna High Court CR. MISC. No.37280 of 2025(2) dt.18-06-2025 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark attendance;
(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 the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T