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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56245 of 2025 Arising Out of PS. Case No.-541 Year-2024 Thana- TURKAULIYA District- East Champaran ======================================================
1. Ajay Mahato S/O Rajeshwar Mahato R/o vill - Chargaha Giri Tola, P.S. - Turkauliya, Distt.- East Champaran
2. Bhadai Manjhi S/o Chaner Manjhi R/o Chargaha Giri Tola, ward no. 9, P.S.- Turkauliya, Distt.- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shamir Mehra, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 2 08-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in connection with Turkauliya P.S. Case No. 541 of 2024, instituted under Sections 30(a), 41(1) and 37 of the Bihar Prohibition & Excise Act. 3. There is recovery of 60 litre country made liquor, two Gas cylinders and 500 litre Pass from the house of co- accused Kapil Manjhi along with a motorcycle parked near his house. One person was apprehended on the spot who disclosed his name as Ravindra Mahto. The apprehended person disclosed the name of petitioners that they fled away from the spot. Patna High Court CR. MISC. No.56245 of 2025(2) dt.08-09-2025 2/3
4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case on the basis of disclosure statement of co-accused. Nothing has been recovered from the possession of the petitioners. Petitioners have neither concern with the seized liquor nor with the said motorcycle. Recovery has been made from the house of co-accused Kapil Manjhi. Petitioners have no criminal antecedent. They undertake to co-operate in the investigation and trial. Similarly situated co-accused, namely, Ganesh Manjhi @ Ganesh Mahto has been anticipatory bail by a Co-ordinate Bench of this Court vide order dated 18.06.2025 passed in Cr. Misc. No. 36157 of 2025. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail. 6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No. 1, East Champaran, Motihari in connection with Turkauliya P.S. Case No. 541 of 2024, subject
Patna High Court CR. MISC. No.56245 of 2025(2) dt.08-09-2025 3/3 to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. rakhi/- (Sunil Dutta Mishra, J.) U T