Ravi Manjhi @ Rabi Manjhi @ Rabi Kumar ManjhiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41189 of 2026
                   Arising Out of PS. Case No.-148 Year-2026 Thana- KUSHESHWARASTHAN District-
                                                        Darbhanga
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           1.     Ravi Manjhi @ Rabi Manjhi @ Rabi Kumar Manjhi, S/o Ram Sagar Manjhi,
           2.    Anuradha Devi, W/o Late Ranjit Manjhi,
                 Both are Resident of Village- Maintha, P.S -Kusheshwar Asthan, District
                 -Darbhanga.

                                                                               ... ... Petitioners
                                                     Versus
                 The State of Bihar

                                                          ... ... Opposite Party
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                 Appearance :
                 For the Petitioner/s     :     Mr. Nawal Kishor Prasad, Advocate
                 For the Opposite Party/s :     Mrs. Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   25-06-2026                        Heard learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioners are named in the FIR

                   and apprehending their arrest in connection with Kusheshwar

                   Asthan P.S. Case No.148 of 2026 registered under Section

                   30(a) of the Bihar Prohibition and Excise (Amendment) Act,

                   2022.

                                3. Allegation against the petitioners are to engage

                   in illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 2656.8 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.41189 of 2026(2) dt.25-06-2026
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          the petitioners that the alleged recovery was effected from

          three distinct locations, namely, a hut of Chandrakala Devi, a

          bike and an open field. The field being, an open place

          accessible to the general public, cannot be said to be in the

          exclusive possession or control of these petitioners. It is

          further submitted that compliance of Section 103(4) of

          BNSS qua search of premises has not been followed with,

          inasmuch, as no independent witness was associated with

          the search and seizure list and the seizure witnesses were

          police personnel themselves. It is submitted that nothing has

          been recovered from the conscious possession of the

          petitioners. It is further submitted that the petitioners have

          been implicated solely on the basis of the disclosure made by

          co-accused namely, Arjun Rai and Chandrakala Devi who

          have been apprehended on the spot. The petitioner no.1 has

          clean antecedent whereas the petitioner no.2 bears two

          criminal antecedent.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioner.

                       6. In view of aforesaid factual submissions and by
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                      taking of note of fact as recovery of illicit liquor prima facie

                      not appears to be made from physical possession of this

                      petitioners, accordingly, the petitioners above-named, in the

                      event of their arrest or surrender in the court below within a

                      period of four weeks from today, is directed to 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 Judge-II, (Excise

                      Act), Darbhanga in connection with Kusheshwar Asthan P.S.

                      Case No.148 of 2026, subject to the conditions as laid down

                      under Section 438(2) of the CrPC/under Section 482(2) of

                      the BNSS.


                                                     (Chandra Shekhar Jha, J.)

    Raushan/-

U       T