Rinchal Manjhi@ Rinkal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42456 of 2025 Arising Out of PS. Case No.-122 Year-2025 Thana- MIRGANJ District- Gopalganj ====================================================== Rinchal Manjhi@ Rinkal Kumar Son of Bechu Manjhi Resident of VillageHarkhali Mauje, P.s.- Mirganj,Distt.- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vyas Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Arun Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Mirganj P.S. Case No. 122 of 2025 lodged on 13.03.2025, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, FIR has been lodged against the sole petitioner. Total recovery of 150.480 litres of illicit liquor has been made which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that nothing has been recovered from the conscious possession of the petitioner and the alleged recovery was made from a carton near the roadside, in a ditch. Counsel submits that the name of the petitioner has figured in this case only on the
Patna High Court CR. MISC. No.42456 of 2025(2) dt.09-07-2025 2/2 basis of secret information and the said carton from which recovery has been made, does not belong to the petitioner. Counsel further submits that the petitioner has no criminal antecedent.
5. Learned APP for the State opposes the prayer for bail of the petitioner but submits that the petitioner has no criminal antecedent and the alleged recovery has been made from a carton near the roadside, in a ditch.
6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Additional District and Sessions Judge-IV-cumSpecial Excise Court no.2, Gopalganj, in connection with Mirganj P.S. Case No. 122 of 2025, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J) Divyansh/- U T