Santosh Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 86009 of 2025 Arising Out of PS. Case No.-49 Year-2025 Thana- LAKHAURA District- East Champaran ====================================================== Santosh Manjhi S/o Barsati Manjhi Resident of Village - Barwa, Mushahari Tola (Mishari Tola), P.S.- Lakhaura, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :
Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-12-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Lakhaura P.S.Case No.49 of 2025, registered for the offences punishable under Sections 30(a), 32 and 41(1) of Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per the allegation made in the FIR, total 105 ltrs. of illicit liquor has been recovered from the plastic bags kept near a Boring.
4. Learned counsel appearing on behalf of the petitioner submitted that the recovery of the liquor has been made from the open place and two co-accused persons were apprehended, who disclosed the name of the petitioner.
Patna High Court CR. MISC. No. 86009 of 2025(2) dt.18-12-2025 2/3 Petitioner has clean antecedent. Learned counsel further submitted that petitioner has no connection with the apprehended co-accused persons. On these grounds, the petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well as, considering the fact that 105 ltrs. liquor has been recovered from open place, which is accessible to anyone, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.01, East Champaran at Motihari in connection with Lakhaura P.S.Case No.49 of 2025 , subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of BNSS.
7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will
Patna High Court CR. MISC. No. 86009 of 2025(2) dt.18-12-2025 3/3 automatically lose its force.
(Purnendu Singh, J) chn/- U