IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25899 of 2026 Arising Out of PS. Case No.-59 Year-2026 Thana- Gaura P.S. District- Saran ====================================================== Abhishek Manjhi @ Abhishek Kumar S/O Tarkeshwar manjhi R/O Vill.- Gaura Bazar Pusman Toli, P.S.- Gaura, Dist.- Saran. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 24-04-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. A perusal of the first information report and the seizure list would go to show that 5 liters of country made liquor/Mahua liquor and 50 liters of raw material for brewing liquor hve been recovered from the thatched house (Palani) of the petitioner. 4. Learned counsel for the petitioner submits that the place of recovery is an open place, near the house of the petitioner, which is easily accessible to anyone and someone due to ill motive has put the same to falsely implicate the petitioner. It is also a fact that the petitioner was not caught on the spot and nothing has been recovered from the physical or conscious possession of the petitioner. There is violation of mandatory Patna High Court CR. MISC. No.25899 of 2026(2) dt.24-04-2026 2/2 provisions of search and seizure as there is no independent witness to the said seizure list. 5. Learned APP for the State opposed the prayer for bail on the ground that the petitioner has one criminal antecedent of the similar nature of the offence. In response, learned counsel for the petitioner submitted that the petitioner is on bail in the said case. 6. Taking into consideration the facts and circumstances of the case and further that the said recovery has been made from an open place, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, 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 Court below where the case is pending/ successor Court in connection with Gaura P.S. Case No.59 of 2026, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./Section 482 (2) B.N.S.S. and subject to the further condition that the petitioner shall cooperate in the investigation/trial. Trivedi/- (Soni Shrivastava, J) U T