Patna High Court
Manoj Lal HarijanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a Rs.30,000 bond and conditions under the BNSS, 2023.
Summary
Manoj Lal Harijan sought anticipatory bail after the police indicated he might be arrested in connection with Special Case No. 84 of 2026 under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, relating to the recovery of 7.410 litres of illicit liquor. The petitioner claimed innocence, stating that no liquor was found in his possession and that he has a clean criminal record. The State opposed the bail, arguing the seriousness of the offence. The High Court, however, granted anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.30,000 under Section 2(1)(d) of the BNSS, 2023 and comply with conditions under Section 482(2) of the same Act. The Court also directed the trial court to verify the petitioner’s antecedent and cancel the bail if any concealment is discovered.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise (Amendment) Act and BNSS, 2023
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or has undisclosed criminal antecedent
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 32(3)
- BNSS, 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail bond
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15798 of 2026
Arising Out of PS. Case No.-83 Year-2026 Thana- Excise P.S. District- Kishanganj
======================================================
Manoj Lal Harijan S/o- Sahatlal Harijan Resident of Srbhitta Ward No- 13
PS- Kochadhaman Dist- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Radha Mohan Singh, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd., APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Special Case No. 84 of 2026, arising out of Madya Nisedh
P.S. Case No. 83 of 2026, dated 23.01.2026, lodged under
Sections 30(a) & 32(3) of the Bihar Prohibition and Excise
(Amendment) Act.
3. As per the prosecution, total recovery of 7.410 litres
of illicit liquor has been made, which is the subject matter of the
present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He further
submits that nothing has been recovered from the possession of
the petitioner. Furthermore, he submits that the criminal
antecedent of the petitioner is clean.
Patna High Court CR. MISC. No.15798 of 2026(2) dt.25-03-2026
2/2
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Exclusive Special Excise Judge-II, Kishanganj, in
connection with Special Case No. 84 of 2026, arising out of
Madya Nisedh P.S. Case No. 83 of 2026, subject to the
conditions as laid down U/s 482(2) of the BNSS, 2023.
7. It is further directed that the Trial Court shall verify
the criminal antecedent of the petitioner, and in case it is found
at any stage that the petitioner has concealed his criminal
antecedent, the Trial Court shall take steps for cancellation of
the petitioner’s bail bond. However, the acceptance of the bail
bond in terms of the above-mentioned order shall not be delayed
for the purpose of or in the name of verification.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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