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2025 DAILYLAW 71002 (PAT)

Shankar Manjhi v. The State of Bihar

CR. MISC./60355/2025 · 2025-09-22

Alok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60355 of 2025 Arising Out of PS. Case No.-46 Year-2025 Thana- Raghunathpur District- East Champaran ====================================================== Shankar Manjhi Son of Lalbachan Manjhi Resident of Village - Balganga, Police Station - Raghunathpur, District - East Champaran at Motihari. ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Shashank Shekhar, Adv. Ms. Mili Kumari, Adv. For the State : Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 22-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Raghunathpur P.S. Case No. 46 of 2025 registered for the offence punishable under Sections 30(a), 41(1) of Bihar Prohibition and Excise Amendment Act, 2022. 3. As per prosecution case, 48 litre country made liquor was recovered behind the house of the petitioner. Nearby people and local chowkidar disclosed the name of petitioner and other who fled away from the spot. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Patna High Court CR. MISC. No.60355 of 2025(2) dt.22-09-2025 2/3 Petitioner bears no criminal antecedent. He further submits that except disclosure of nearby people and local chowkidar, there is nothing on record to connect the present petitioner with the alleged occurrence. Place of recovery is an open place and petitioner cannot be held responsible for the alleged recovery. No incriminating article has been recovered from possession of the petitioner. Petitioner was not found at the place of occurrence. Petitioner has no concern with the seized liquor. In the light of aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition and Excise Act. 5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner. 6. Considering the facts and circumstances of the case, keeping in view clean antecedent of the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his 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 Patna High Court CR. MISC. No.60355 of 2025(2) dt.22-09-2025 3/3 Court No. 1, East Champaran, Motihari in connection with Raghunathpur P.S. Case No. 46 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S. 7. The application stands allowed. shahzad/- (Alok Kumar Pandey, J) U T