Bhola Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84757 of 2025 Arising Out of PS. Case No.-321 Year-2024 Thana- KONCH District- Gaya ====================================================== Bhola Manjhi S/O Late Rambriksh Manjhi @ Briksh Manjhi R/O Village - Lodipur, P.S- Konch, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailesh Kumar For the Opposite Party/s :
Mr. Akbar Ali ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Perusal of the first information report and the seizure list, would go to show that 4 liters of country made liquor and 100 litres of Mahua Jawa are said to have been recovered from the house of the petitioner which is joint family property.
4. It is submitted by learned counsel for the petitioner that there is no recovery from the physical and conscious possession of the petitioner. It is submitted that the petitioner is not the owner of the house. It is further submitted that the mandatory provisions of search and seizure have been
Patna High Court CR. MISC. No.84757 of 2025(2) dt.19-12-2025 2/2 violated as there is no independent witness to the seizure list. Further, the petitioner has no criminal antecedent.
5. Learned APP for the State opposes the prayer for bail.
6. Taking into consideration the fact and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged 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 below where the case is pending/successor court in connection with Konch P.S. Case No. 321 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J) devendra/- U T