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

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

What the court decided

AI extract

Outcome

Anticipatory bail: release on bail in the event of arrest or surrender within six weeks, on bail bonds of Rs. 10,000 with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 13-cum-Special Excise Court No. 1, Gopalganj, subject to S. 482(2) BNSS 2023 conditions, a close-relative bailor with genealogy affidavit and address-change undertaking, and proof of deposit of Rs. 5,000 in the account of District Bar Association, Gopalganj.

Issue for consideration

Whether the petitioner, apprehending arrest in Barauli P.S. Case No. 296 of 2021 (Ss. 30(a) and 37(b), Bihar Prohibition and Excise Act), should be granted anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the Court below within six weeks, the petitioner is to be released on bail upon furnishing bail bonds of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of learned Additional District and Sessions Judge 13-cum-Special Excise Court No. 1, Gopalganj, in connection with Barauli P.S. Case No. 296 of 2021, subject to the conditions laid down in S. 482(2), BNSS 2023.

Ratio / Principle

Additional condition: one of the bailors must be a close relative of the petitioner who will give an affidavit of genealogy and undertake to inform the Court of any change in the petitioner's address.

Key takeaways

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount of Rs. 5,000 in the account of District Bar Association, Gopalganj.ratio¶25

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED (Patna High Court, CRL. MISC. No. 45477 of 2025, oral order dt. 07-10-2025, Sunil Dutta Mishra, J.): Petitioner apprehending arrest in Barauli P.S. Case No. 296 of 2021, instituted for offences under Ss. 30(a) and 37(b) of the Bihar Prohibition and Excise Act, following recovery of 20 litre illicit liquor near the Gandak Canal Bridge and his alleged identification by the Mahal Chaukidar, is to be released on bail if arrested or surrendered within six weeks, on bail bonds of Rs. 10,000 with two sureties of the like amount each before learned Additional District and Sessions Judge 13-cum-Special Excise Court No. 1, Gopalganj, subject to the conditions in S. 482(2) of the BNSS, 2023; one bailor to be a close relative with affidavit of genealogy and undertaking to report change of address; bail bond to be accepted only on showing receipt of deposit of Rs. 5,000 in the account of District Bar Association, Gopalganj. Parity noted with co-accused Sikandar Manjhi @ Shikendra Manjhi, granted anticipatory bail by a Co-ordinate Bench on 31.01.2025 in Cr. Misc. No. 84641 of 2024.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45477 of 2025

Arising Out of PS. Case No.-296 Year-2021 Thana- BARAULI District- Gopalganj

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

Bittu Manjhi, Son of Bhulan Manjhi Resident of Village- Kahla, P.S- Barauli, Distt Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Vikash Kumar Shukla, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, APP

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

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

3 07-10-2025

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barauli P.S. Case No. 296 of 2021, instituted for the offence under Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act.

There is recovery of total 20 litre illicit liquor from the East and West side of Gandak Canal Bridge, kept in bushes. Mahal Chaukidar disclosed the name of petitioner who managed to flee away from the spot along with other accused persons.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case at the instance of Chaukidar . No incriminating material has been recovered from his possession. He has no concern with the seized

Patna High Court CR. MISC. No.45477 of 2025(3) dt.07-10-2025 2/3

liquor. Petitioner has one criminal antecedent in which he is on bail. He undertakes to co-operate in the investigation and trial. Similarly situated co-accused, namely, Sikandar Manjhi @ Shikendra Manjhi has already been granted anticipatory bail by a Co-ordinate Bench of this Court, vide order dated 31.01.2025 passed in Cr. Misc. No. 84641 of 2024. It is further submitted that petitioner shall deposit Rs. 5000/- (Rupees Five Thousand) in the account of District Bar Association, Gopalganj.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the Petitioner, above-named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 13-cum- Special Excise Court No. 1, Gopalganj in connection with Barauli P.S. Case No. 296 of 2021, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023 with following condition:

(i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how

Patna High Court CR. MISC. No.45477 of 2025(3) dt.07-10-2025 3/3

he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

The bail bond of the petitioner shall be accepted by

the learned Court below on showing receipt of deposit of aforesaid amount in the account of District Bar Association, Gopalganj.

(Sunil Dutta Mishra, J.)

rakhi/- U T