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Patna High Court

MANOJ SAHANI @ MANOJ KUMAR @ BIRODHI SAHANIversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bail bond, sureties, verification of antecedent and a deposit with the Lawyers’ Association.

Summary

Manoj Sahani applied for anticipatory bail after learning that he might be arrested in a case alleging recovery of 160 litres of liquor, offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that he has a clean antecedent, that the alleged liquor was recovered from a public riverbank and not from his possession, and that the FIR lacks the name of the informant, casting doubt on the prosecution's case. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500, two sureties of the same amount, verification of the petitioner’s antecedent, and a further deposit of Rs.1,500 with the Patna High Court Lawyers’ Association. The order also stipulated that if any antecedent is discovered, the bail would not be confirmed. The court thus allowed the petitioner to avoid arrest pending trial, subject to the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Sections 438(2) of the Cr.P.C. and 482(2) of the BNSS in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the absence of possession and the petitioner’s clean antecedent justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • clean antecedent
  • Section 438 Cr.P.C.
  • Section 482 BNSS
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6090 of 2026
                 Arising Out of PS. Case No.-282 Year-2025 Thana- Raghunathpur District- East Champaran
                 ======================================================
                 MANOJ SAHANI @ MANOJ KUMAR @ BIRODHI SAHANI Son of
                 Mohan Sahani R/o Vill.- Sapahi, P.S.- Raghunathpur, District - East
                 Champaran
                                                                      ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Suraj Kumar Tiwari, Advocate
                 For the Opposite Party/s :       Mr. Shyam Bihari Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  1. 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 offences punishable under Sections 30(a) and

                   41(1) of the Bihar Prohibition and Excise (Amendment) Act,

                   2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 160 litres of liquor from a bush near the bank of a

                   river.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.6090 of 2026(2) dt.03-02-2026
                                            2/3




          and is accessible to villagers at large. It is further submitted that

          petitioner came to be implicated at the instance of the local

          person and spy but then it is submitted that the easiest way to

          implicate someone is based on secret information provided by

          the spy without holding a proper investigation of the case. It is

          next submitted that name of the local person who disclosed the

          name of the petitioner is not disclosed in the FIR which casts an

          aspersion on the case of the prosecution, more so, when

          petitioner admittedly is a person with clean antecedent.

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

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.500/- (Rupees Five Hundred) with two sureties of the like

          amount each to the satisfaction of the learned trial court where

          the case is pending/successor court in connection with

          Raghunathpur P.S. Case No. 282 of 2025, subject to the

          conditions as laid down under Section 438(2) of the

          Cr.P.C./482(2) of the BNSS.
           Patna High Court CR. MISC. No.6090 of 2026(2) dt.03-02-2026
                                                       3/3




                                  7. It is made clear that thereafter the learned trial

                     court shall verify the criminal antecedent of the petitioner and if

                     it is found that petitioner has antecedent of even one case, it

                     would be presumed that petitioner had concealed his antecedent

                     before this Court at para 3 of the anticipatory bail application in

                     that event the provisional anticipatory bail order shall not be

                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.

                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.1,500/- with the Lawyers’ Association

                     of the Patna High Court within a period of two weeks from

                     today.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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