Binay Manjhi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Binay Manjhi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioner, upon arrest/surrender before the court below within eight weeks, to be enlarged on bail on a bail-bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Additional District & Sessions Judge XIII cum Special Excise, Court No. I, Gopalganj, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in a case registered for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act (Barauli P.S. Case No. 299 of 2024).

Court's answer

Considering the place of recovery, anticipatory bail is allowed.

Ratio / Principle

In the event of arrest or surrender before the court below within eight weeks, the petitioner is to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the Additional District & Sessions Judge XIII cum Special Excise, Court No. I, Gopalganj, subject to the condition laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail — Binay Manjhi apprehended arrest in Barauli P.S. Case No. 299 of 2024 (District Gopalganj), registered for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act; the prosecution case recorded recovery of 20 litres of country-made liquor behind the petitioner's house. Counsel submitted that nothing incriminating was recovered from the petitioner's conscious possession, that he was implicated only on suspicion, that the recovery was from an open place accessible to one and all, and that he had one similar criminal antecedent in which he was already on bail. Considering the place of recovery, the court allowed anticipatory bail: upon arrest or surrender before the court below within eight weeks, the petitioner was to be enlarged on bail on a bail-bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Additional District & Sessions Judge XIII cum Special Excise, Court No. I, Gopalganj, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40311 of 2025

Arising Out of PS. Case No.-299 Year-2024 Thana- BARAULI District- Gopalganj

======================================================

Binay Manjhi S/O Bala Manjhi Resident of Village- Kahla, P.S.- Barauli, Dist- Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 26-06-2025

Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for

the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, 20 litres country made liquor was recovered behind the house of this petitioner.

Learned counsel for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner. Petitioner has got no concern with the alleged recovery and he has been made accused only on suspicion. Recovery has been made from an open place, accessible to one and all. Petitioner has got one criminal antecedent of similar nature in which he is on bail.

Considering the place of recovery, this anticipatory

Patna High Court CR. MISC. No.40311 of 2025(2) dt.26-06-2025 2/2

bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge XIII cum Special Excise, Court No. I, Goplaganj in connection with Barauli P. S. Case No. 299 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J)

Navya/-

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