Patna High Court
Manoj SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bail bonds and verification of his antecedents.
Summary
Manoj Sahni applied for anticipatory bail anticipating arrest in a case under Sections 30(a) and 41(1) of the Excise Act for alleged recovery of 70 litres of liquor from two motorcycles. The petitioner claimed a clean antecedent, no arrest at the spot, no possession of the seized vehicles, and that the case was based solely on a confessional statement of another accused in police custody, which he argued lacks evidentiary value. The State opposed the bail. The High Court, applying Section 438(2) of the Criminal Procedure Code, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedents. The court clarified that if any prior case is discovered, the bail would be revoked; otherwise, the provisional order would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC to the petitioner accused of offences under the Excise Act.
- Whether the confessional statement of a co-accused in police custody can be the basis for denying anticipatory bail.
- Whether lack of possession of the seized liquor and motorcycles affects the grant of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a), 41(1)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- bail conditions
- confessional statement
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10751 of 2026
Arising Out of PS. Case No.-446 Year-2025 Thana- MOTIPUR District- Muzaffarpur
======================================================
Manoj Sahni Son of Nagina Sahni R/o Village - Gehuanchak(Gehumachak),
P.S. - Motipur, Dist. - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratneshwar Prasad
For the Opposite Party/s : Mr.Kanhiya Kishor
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 30(a) and 41(1) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 70 litres of liquor from two motorcycles.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
any of the seized motorcycle and he came to be implicated
based on confessional statement of apprehended accused in
police custody, which does not have any evidentiary value.
Patna High Court CR. MISC. No.10751 of 2026(2) dt.24-02-2026
2/3
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Motipur P. S. Case No.446 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
Patna High Court CR. MISC. No.10751 of 2026(2) dt.24-02-2026
3/3
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
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