IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64727 of 2025 Arising Out of PS. Case No.-115 Year-2025 Thana- TETERHAT District- Lakhisarai ====================================================== Jhapo Manjhi S/o Late Govind Manjhi R/o Village- Gausganj, Musxahari Tola (Sharma), P.S.- Teterhat, District- Lakhisarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Opposite Party/s : Dr. Kumar Uday Pratap, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 24-09-2025 Heard the parties. 2. The petitioner apprehends his arrest in connection with Taterhat P.S. Case No. 115 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. In course of patrolling, the police on a secret information conducted raid and recovered 80 litres of sweet pass kept in four plastic buckets, besides some utensils used for manufacturing of the wine as also 2 litres of mahua liquor. 4. Learned Advocate for the petitioner submitted that the so called palani from where recovery has been shown, does not belong to the petitioner, rather it falls within the share of his gotiya and situated at far distance from the house of the petitioner. The alleged place of occurrence is open from all Patna High Court CR. MISC. No.64727 of 2025(2) dt.24-09-2025 2/3 corners and easily accessible to all; however only on account of one criminal antecedent of identical nature, name of the petitioner has been implicated. There are various other infirmities in search and seizure, coupled with the fact that the witnesses to the seizure list are none else but the police personnel. The petitioner undertakes that he will fully cooperate in the proceeding of the court. 5. On the other hand, learned Advocate for the State vehemently opposed the bail application. 6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the fact that the alleged recovery has been made from the place, which is opened from all corners, coupled with the infirmities in the search and seizure and the absence of material which attracts the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-VII-cum-Exclusive Patna High Court CR. MISC. No.64727 of 2025(2) dt.24-09-2025 3/3 Special Excise Court-II, Lakhisarai in connection with Taterhat P.S. Case No. 115 of 2025 , subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner. Anjani/- (Harish Kumar, J) U T