IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60185 of 2025 Arising Out of PS. Case No.-292 Year-2023 Thana- PAHARPUR District- East Champaran ====================================================== Yogi Manjhi @ Yogi Majhi S/o Bhuteli Manjhi Resident of village- Noyeya/ Noneya Semrahiya, P.S.- Paharpur, Distt- 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.Veena Kumari Jaiswal ====================================================== 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 Paharpur P.S. Case No. 292 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per prosecution case, 7 litre illicit chulai liquor was recovered from the house of petitioner. Further, 5 litre illicit chulai liquor was recovered from the house of co-accused Tetri Devi and 10 illicit chulai liquor was recovered from the house of co-accused Govardhan Manjhi. It is alleged that local chaukidar and villager disclosed the name of the petitioner and co-accused Tetri Devi and Govardhan Manhi who fled away from the place of occurrence. Patna High Court CR. MISC. No.60185 of 2025(2) dt.22-09-2025 2/3 4. Learned counsel for the petitioner submits that the place from where the alleged recovery has been made, is join house property and petitioner cannot be held liable for the alleged recovery. Petitioner was not found at the place of occurrence. No incriminating article has been recovered from his conscious possession. Petitioner is innocent and has committed no offence as alleged in the FIR. He further submits that seizure list has not been made as per law. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act. Petitioner bears criminal antecedent of four cases out which in three cases petitioner is on bail. He further submits that just because of having criminal antecedents, petitioner has been falsely implicated in the present case in a routine manner. 5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. Considering the facts and circumstances of the case, 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 Patna High Court CR. MISC. No.60185 of 2025(2) dt.22-09-2025 3/3 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.-I, Motihari, East Champaran in connection with Paharpur P.S. Case No. 292 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 7. The application stands allowed. alok/- (Alok Kumar Pandey, J) U T