Ashok ManjhiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16899 of 2026
                   Arising Out of PS. Case No.-95 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
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                 Ashok Manjhi S/O Late Bashdev Manjhi R/O Vill- Mira Musehri, P.S-
                 Mufassil, Dist- Saran.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Jeetendra Narayan, Advocate
                 For the State           :       Mr.Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   25-03-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2016 in

                   connection with Mufassil P.S.Case No. 95 of 2025.

                                 3. As per the prosecution case, the police, on a secret

                   information regarding illicit liquor trade of the petitioner, swung

                   into action and reached the place of occurrence. The police

                   chased the accused person, who became successful in fleeing

                   away, leaving behind two plastic bags containing 05 litres each.

                   Thereafter, the Chaukidar disclosed that it was the petitioner,

                   who was engaged in this illegal trade of liquor.

                                 4. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.16899 of 2026(2) dt.25-03-2026
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          the petitioner is innocent and has falsely been implicated in the

          present case. He further submits that petitioner is the victim of

          circumstances and he has been implicated in this case due to

          ulterior motives.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the fact that the petitioner was not

          apprehended on the spot and, therefore, no recovery has been

          made from the conscious physical possession of the petitioner

          and further taking into account that the recovery has taken place

          from an open place nearby the house of the petitioner, and also

          that the search and seizure memo has not been witnessed by two

          independent witnesses, which puts a question mark on the

          legality and validity of the seizure itself, I am inclined to grant

          privilege of anticipatory bail to the petitioner.

                       7. Let the petitioner, as named above, in the event of

          his arrest or surrender within four weeks from today, be

          enlarged 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 Additional Sessions Judge-cum-Exclusive

          Special Court Excise 1, Saran at Chapra in connection with

          Mufassil P.S.Case No. 95 of 2025, subject to the conditions laid
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                     down under section 438(2) of the Code of Criminal

                     Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha

                     Sanhita, 2023 and subject to further condition that :-

                                  (i) the petitioner shall co-operate in the investigation/

                     trial.

                                  (ii) the learned Court would, however, verify the

                     criminal antecedent of the petitioner and in case it is found that

                     the petitioner has concealed his criminal antecedent, the Court

                     below shall take step for cancellation of bail bond of the

                     petitioner. However, it is expected that the verification process

                     would be done expeditiously without causing any delay.


                                              (Alok Kumar Sinha, J)

HR/-

U      T