Panchan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64164 of 2025 Arising Out of PS. Case No.-362 Year-2021 Thana- GOPALPUR District- Patna ====================================================== Panchan Manjhi Son of Late Indar Manjhi R/o Mohalla - Bhelwara, P.S. - Gopalpur, Dist .- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mani Shankar Kumar For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under Sections 30(a)(c), 32, 36, 41 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 05 liters illicit liquor was recovered from the house of this petitioner.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on suspicion. No incriminating material has been recovered from the conscious possession of the petitioner and he has got no concern with the aforesaid recovery. Petitioner has got no criminal antecedent.

5. Learned counsel for the State submits that the recovery has been made from the house of the petitioner, as

Patna High Court CR. MISC. No.64164 of 2025(2) dt.05-12-2025 2/2 such, this pre-arrest bail petition is not maintainable in view of Full Bench decision of this Court rendered in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.).

6. Considering the aforesaid decision of this Court, the prayer for anticipatory bail of petitioner is rejected. (Prabhat Kumar Singh, J) anay U T