Patna High Court
Manoj Sahani @ Manoj SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court conditionally granted provisional anticipatory bail, subject to bond, sureties and verification of the petitioner’s antecedent.
Summary
Manoj Sahani sought anticipatory bail after the police registered a case under IPC sections 272 and 273 and the Bihar Excise Act sections 30(a), 32 and 41(1) alleging possession of 5 litres of liquor and 5,000 litres of raw Jawa Mahua. The petitioner argued that he was not caught in the act, nothing was recovered from his conscious possession, and the alleged contraband was found in a public area, with the complaint originating from a chowkidar whose prior knowledge was questionable. The State opposed the bail, contending the seriousness of the offences and the petitioner’s prior two excise cases. The court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 10,000 with two sureties and that the trial court verify his criminal antecedent. It further directed that if more than two prior cases are discovered, the bail would not be confirmed; otherwise, the provisional order would be made final.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under IPC sections 272, 273 and the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- IPC 272
- IPC 273
- Bihar Excise Act
- criminal antecedent
- bond and sureties
- public place recovery
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1016 of 2026
Arising Out of PS. Case No.-112 Year-2023 Thana- KESARIA District- East Champaran
======================================================
Manoj Sahani @ Manoj Sahni Son of Harendra Sahani Resident of Village -
Banparua, P.S.- Dumariyaghat, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhurendra Kumar, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-01-2026 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 272 and
273 of the Indian Penal Code read with Sections 30(a), 32 and
41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the excise act and
allegation is of recovery of 5 liters of liquor from a plastic
gallon near pond of Kashi Singh and 5000 liters of raw Jawa
Mahua which was destroyed.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
Patna High Court CR. MISC. No.1016 of 2026(2) dt.20-01-2026
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recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
at the instance of Chowkidar, but then it is submitted that if
Chowkidar was aware of the involvement of the petitioner in the
occurrence then why he did not inform the police prior to
institution of the instant FIR which casts an aspersion on the
case of the prosecution.
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, 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.
10,000/- (Rupees Ten Thousand) 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 Kesariya
P.S. Case No. 112 of 2023 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
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than two cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of two
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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