IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60133 of 2025 Arising Out of PS. Case No.-162 Year-2025 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Rajesh Manjhi S/o Late Satrudhan Manjhi R/o Village- Mira Mushehari, P.S.- Muffasil, District- Saran ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Hemant Kumar For the Opposite Party/s : Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Chapra Muffasil P.S. Case No. 162 of 2025 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act. 3. As per prosecution case, 4 litre country made liquor was recovered from two boxes near the house of petitioner and local chaukidar disclosed the name of the petitioner who succeeded in fleeing away from the place of occurrence. 4. Learned counsel for the petitioner submits that except disclosure of local chaukidar, there is nothing on record to demonstrate the complicity of the present petitioner with the Patna High Court CR. MISC. No.60133 of 2025(2) dt.23-09-2025 2/3 alleged occurrence. He further submits that place of recovery is an open place and petitioner cannot be held liable for the alleged recovery. Petitioner was not apprehended on the spot. No incriminating article has been recovered from his conscious possession. Petitioner has nothing to do with the alleged recovery. There is no compliance of Section 103 of BNSS. 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 is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. 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, keeping in view clean antecedent of 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 Patna High Court CR. MISC. No.60133 of 2025(2) dt.23-09-2025 3/3 amount each to the satisfaction of learned 1st Exclusive Special Excise Court Saran at Chapra in connection with Muffasil P.S. Case No. 162 of 2025, subject to the conditions as laid down under Section 482 (2)of BNSS. 7. The application stands allowed. alok/- (Alok Kumar Pandey, J) U T