Binod Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86457 of 2025 Arising Out of PS. Case No.-281 Year-2025 Thana- AMNAUR District- Saran ====================================================== Binod Manjhi S/o Rajendra Manjhi @ Dharmnath Manjhi R/o Village- Paiga Shekhpura, P.S- Amnour, Dist- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sachida Nand Rai, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 18-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Amnour P.S. Case No.281 of 2025, F.I.R dated 19.09.2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
3. As per the prosecution case, on 19.09.2025, acting on secret information during an anti-illicit liquor campaign, the police reached the spot where a person attempted to conceal liquor in bushes and fled on seeing the police. In torch light, the local chaukidar identified the fleeing person as Binod Manjhi (petitioner). During search conducted in presence of witnesses, 9 litres of country-made liquor were recovered from the place of
Patna High Court CR. MISC. No.86457 of 2025(2) dt.18-12-2025 2/3 occurrence.
4. Learned counsel for the petitioner by taking this Court to the seizure list as also the contents of the F.I.R., submits that there is discrepancy with regard to the recovery of the seized illicit liquor. From the contents of the F.I.R., it appears that recovery is made from the bushes behind a house, which is an open space and accessible to all. It has next been submitted that the petitioner is neither connected with the seized articles nor was present at the place of occurrence. The petitioner has clean antecedent.
5. Learned APP for the State 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 petitioner is neither connected with the seized articles nor was present at the place of occurrence and the petitioner has clean antecedent, accordingly, this Court is 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
Patna High Court CR. MISC. No.86457 of 2025(2) dt.18-12-2025 3/3 furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Additional Sessions Judge-cum-Exclusive Special Court Excise Act-I, Saran at Chapra, in connection with Amnour P.S. Case No.281 of 2025, subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023. (Ajit Kumar, J) sharun/- U T