Kamali Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41014 of 2026 Arising Out of PS. Case No.-60 Year-2026 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Kamali Manjhi, Son of Jagrup Manjhi, Resident of Village - Maheshpur, P.S.- Piri Bazar, District - Lakhisarai.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Piri Bazar P.S. Case No.60 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 14 litres of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for petitioner that the seized liquor was recovered from the house (community hall) of Shakalu Manjhi. It is argued that

Patna High Court CR. MISC. No.41014 of 2026(2) dt.25-06-2026 2/3 compliance of Section 103(4) of BNSS qua search of premises has not been complied with, inasmuch as no independent witness was associated with the search and seizure list and the seizure witnesses were police personnel themselves. Also, the name of the petitioner surfaced solely on the basis of the disclosure made by the local chaukidar. It is submitted that nothing has been recovered from the conscious possession of the petitioner. The petitioner claimed clean antecedent.

5. Learned APP opposed the prayer of anticipatory bail to the petitioner.

6. In view of aforesaid factual submissions and by taking of note of fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner, above-named, who is a man of clean antecedent, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.41014 of 2026(2) dt.25-06-2026 3/3 learned Exclusive Special, Excise-I, Lakhisarai in connection with Piri Bazar P.S. Case No.60 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Raushan/- U T