Saudagar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63009 of 2025 Arising Out of PS. Case No.-269 Year-2025 Thana- AKBARPUR District- Nawada ====================================================== Saudagar Manjhi S/o- Budhan Manjhi @ Bawan Manjhi Resident of VillageBaksanda PS-Akbarpur, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-09-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Akbarpur P.S. Case no.269 of 2025, registered under sections 317(4), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on a raid being conducted while Manoj Manjhi and Niraj Kumar were arrested, the petitioner managed to escape. It is stated that on search 60 litres of country liquor was recovered from the bushes near the house of the petitioner.

4. Learned counsel for the petitioner submits that neither the petitioner was arrested at the spot nor any incriminating article recovered from his possession. The alleged

Patna High Court CR. MISC. No.63009 of 2025(2) dt.24-09-2025 2/2 place of recovery is an open place accessible to all. The petitioner has no criminal antecedent and the only material against him is the statement of co-accused made before police.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R., no incriminating article having been recovered from the petitioner's possession and especially the petitioner not having any criminal antecedent, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Akbarpur P.S. Case no.269 of 2025 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 Exclusive Special Excise Court no.1, Nawada.

(Partha Sarthy, J) avinash/- U T