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Patna High Court

Manoj Lal HarijanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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