IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35340 of 2025 Arising Out of PS. Case No.-15 Year-2022 Thana- KOTWA District- East Champaran ====================================================== 1. Harendra Manjhi S/O Puran Manjhi Resident of village- kalyanpur khas, PS- kotwa, district- East Champaran 2. Shobha Devi W/O Sub Lala Manjhi @ Subhlal Manjhi Resident of village- kalyanpur khas, PS- kotwa, district- East Champaran ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar For the Opposite Party/s : Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 28-05-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners are apprehending their arrest in connection with Kotwa P.S. Case No. 15 of 2022 registered for the offences punishable under Section 30(a) (b)(c), 32, 34 and 36 of Bihar Prohibition and Excise Act. 3. As per prosecution case, informant got secret information that petitioners and other were involved in preparation and selling of illicit liquor near Kalyanpur Khas Mushar toli. On receipt of said information, informant along with police official reached at the place of occurrence and it is alleged that 6 litre country made liquor was Patna High Court CR. MISC. No.35340 of 2025(2) dt.28-05-2025 2/3 recovered behind the house of Bangur Manjhi. Local chowkidar disclosed the name of petitioners and other who fled away from the place of occurrence. It is further alleged that total 6 litre country made liquor was recovered from chabutra near Mushar toli and 200 litre paas was destroyed at the place of occurrence. It is further alleged that 2 litre country made liquor was recovered from the house of co- accused Gama Manjhi. 4. Learned counsel for the petitioners submits that petitioners are not the owner of the place from where recovery was made. He further submits that petitioners are not found at the place of occurrence. Petitioners have no concern with the alleged recovered liquor. Except suspicion, there is nothing on record to connect the petitioners with the alleged occurrence. Petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. Apart from that, petitioners bear no criminal antecedent. Nothing has been recovered from the conscious possession of the petitioners. In the light of aforesaid facts and circumstances of the case, no case is made out against the petitioners under the Patna High Court CR. MISC. No.35340 of 2025(2) dt.28-05-2025 3/3 provisions of Bihar Prohibition and Excise Act. 5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioners. 6. Considering the facts and circumstances of the case, keeping in view clean antecedent of the petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No-1, Motihari, East Champaran in connection with Kotwa P.S. Case No. 15 of 2022, subject to the conditions as laid down under Section 438(2) of Cr.P.C vashudha/- (Alok Kumar Pandey, J) U T