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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47817 of 2026 Arising Out of PS. Case No.-107 Year-2026 Thana- PATAHI District- East Champaran ====================================================== Raj Kumar Manjhi @ Raj Kumar, son of Sosindar Manjhi @ Soshindar Manjhi, Resident of Village-Nonpharwa @ Nonfarwa, Dhangar Toli, P.S.- Patahi, District- East Champaran, Bihar ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-07-2026 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 Patahi P.S. Case No.107 of 2026 registered under Sections 221, 132, 324(4), 352, 190, 191, 45 of the Bhartiya Nayay Sanhita, 2023 (in short 'BNS') and Section 30(a), 30(b), 30(c) and 41 of the 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 50 liters of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for

Patna High Court CR. MISC. No.47817 of 2026(2) dt.10-07-2026 2/3 petitioner that recovery of alleged illicit liquor was not made from conscious physical possession of this petitioner rather same was recovered from co-accused, who were arrested on the spot and falsely implicated this petitioner. The petitioner has been implicated with this case due to dirty village politics. While concluding argument, it is submitted that the petitioner found involved in one more criminal case of similar nature, where he is on bail.

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, 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 learned Court of Exclusive Special Excise Court No.3, I/c Civil Court, East Champaran at Motihari in

Patna High Court CR. MISC. No.47817 of 2026(2) dt.10-07-2026 3/3 connection with Patahi P.S. Case No.107 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.) Sanjeet/- U T