Created by Fuzzy Cloud

Patna High Court

Manoj Sahani @ Manoj SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
            Patna High Court CR. MISC. No.1016 of 2026(2) dt.20-01-2026
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.