IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36515 of 2026 Arising Out of PS. Case No.-1 Year-2026 Thana- TURKAULIYA District- East Champaran ====================================================== Mukesh Manjhi S/o Late Visun Manjhi @ Birshun Manjhi Resident of village- Shankar Saraiya, Parsauni Mushahari, P.S- Turkauliya, Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 11-06-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in a case registered for the offence punishable under Sections 274, 275 and 3(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per the prosecution case, 150 litres of country made liquor has been recovered from the house of the petitioner and one Sukesh Manjhi. 4. Learned counsel for the petitioner submits that the petitioner was not arrested on the spot. There is no recovery from his personal or conscious possession. The house of the petitioner is a joint family property. Further, there is no independent witness to the search and seizure, as such, the mandatory provisions have been violated. One of the co- accused, Lakhu Manjhi has been granted the privilege of bail Patna High Court CR. MISC. No.36515 of 2026(2) dt.11-06-2026 2/2 by a Co-ordinate Bench of this Court vide order dated 08.04.2026 passed in Cr. Misc. No.23209 of 2026 (Annexure- 2). The petitioner is in custody since 13.04.2026. 5. Learned APP for the State opposed the grant of bail on the ground that the petitioner has one criminal antecedent of similar nature. However, in response it has been submitted that the petitioner is on bail in the said case. 6. Taking into consideration the facts and circumstances and considering the fact that mandatory provisions of search and seizure have been violated, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, East Champaran, Motihari/concerned Court below in connection with Turkuliya P.S. Case No. 01 of 2026 subject to condition that:- (i) One of the bailors shall be a family member/close relative. (ii) The petitioner shall co-operate in the trial/investigation. anand/- (Soni Shrivastava, J) U T