Harendra Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87583 of 2025 Arising Out of PS. Case No.-1032 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Harendra Manjhi S/o Late Bira Manjhi R/o Village - Naini Purab Tola, P.S - Chapra Mufassil, District - Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dewendra Narayan Singh For the Opposite Party/s :
Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 19-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Chapra Mufassil P.S. Case No. 1032 of 2023 , F.I.R dated 30.12.2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
3. As per the prosecution case, on 30.12.2023, the informant Kishor Sahni, a trainee posted at Chapra Mufassil Police Station, submitted a written report alleging that on the same day, while on bike patrolling and raid duty, he received secret information at about 04:30 P.M. at Methwaliya Chowk that Harendra Manjhi and Munna Manjhi were allegedly selling country-made liquor near their house at village Naini Purab
Patna High Court CR. MISC. No.87583 of 2025(2) dt.19-12-2025 2/3 Tola. After informing the senior officer, the police party reached the spot to verify the information, where one person allegedly attempted to flee but was apprehended after chase. As no independent witnesses agreed to join, the apprehended person disclosed his name as Harendra Manjhi and Munna Manjhi. Upon search, 10 litres of country-made liquor were allegedly recovered from the bag in his possession, for which a seizure list was prepared. On the basis of the said allegation, Chapra Mufassil P.S. Case No. 1032 of 2023 was registered under Section 30(a) of the Bihar Prohibition and Excise Act.
4. Learned counsel for the petitioner submits that the recovery has not been made from possession of co-accused, while the petitioner has clean antecedent and he is a man of means.
5. Learned APP for the State has vehemently opposes the prayer for anticipatory bail application.
6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the constructive possession and / or premises belonging to the petitioner and considering the aforesaid fact that petitioner has clean antecedent and he is no way connected with the seized articles, accordingly, this Court is
Patna High Court CR. MISC. No.87583 of 2025(2) dt.19-12-2025 3/3 inclined to grant anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum-Exclusive Special Court, Excise Act-1, Saran at Chapra in connection with Chapra Mufassil P.S. Case No. 1032 of 2023 subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023. (Ajit Kumar, J) abhishekkr/- U T