Rohit Manjhi @ Rohit Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43427 of 2026 Arising Out of PS. Case No.-377 Year-2025 Thana- AMNAUR District- Saran ====================================================== Rohit Manjhi @ Rohit Kumar Manjhi Son of Saral Manjhi @ Bablu Manjhi R/o Village - Dharhara Khurd, P.S.- Amnour, District - Saran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dheeraj Kumar, Advocate For the Opposite Party :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-07-2026 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 Amnour P.S. Case No.377 of 2025 registered under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 4.4 litres of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for the petitioner that the recovery of alleged liquor was made from a bank of river which is an open place easily accessible

Patna High Court CR. MISC. No.43427 of 2026(2) dt.03-07-2026 2/3 to general public. It is also submitted that the name of petitioner arrayed solely on the disclosure made by the local chowkidar. It is further submitted that petitioners was not apprehended on the spot and also the petitioner is not in any way connected with the alleged liquor, so it can be safely said that recovery of illicit liquor was not made from conscious possession of this petitioner. It is also submitted that the seizure list also appears doubtful being not supported by independent witnesses rather than by police personnel. 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 note of the fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, who is a man of clean antecedent, accordingly, the petitioner, above-named, 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

Patna High Court CR. MISC. No.43427 of 2026(2) dt.03-07-2026 3/3 sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge Cum Exclusive Special Court Excise Act-1, Saran at Chapra, in connection with Amnour P.S. Case No.377 of 2025, 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.) Aniket/- U T