Patna High Court
Manoj BaskhorversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner with specified conditions, despite procedural lapses and a pending similar case.
Summary
Manoj Baskhor was arrested on 23 January 2026 in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Amendment Act for the alleged possession of 250 litres of Mahua liquor seized from his residence. He filed a petition for bail, claiming innocence and alleging procedural lapses in the seizure, specifically non‑compliance with Sections 103 and 105 of the Bihar Narcotic/Excise (BNSS) 2023. The State opposed bail, noting a similar pending case against the petitioner. The Court examined the procedural deficiencies and the petitioner’s custody status, and consequently granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The order directed that bail bonds be accepted without delay for verification purposes.
Issues considered
- Whether the petitioner is entitled to bail despite alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023.
- Whether the existence of another similar case against the petitioner precludes bail.
Subjects
- bail
- prohibition law
- excise
- seizure
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16861 of 2026
Arising Out of PS. Case No.-29 Year-2026 Thana- GAYA MUFASIL District- Gaya
======================================================
Manoj Baskhor S/o Sovan Baskhor R/o Village - Bhusunda Balapar, P.S -
Muffasil, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate
For the State : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Sudhir Kumar Sinha, learned counsel for
the petitioner and Mr. Arun Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
23.01.2026, in connection with Muffasil P.S. Case No. 29 of
2026, F.I.R. dated 12.01.2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition &
Excise Amendment Act.
3. Recovery is of 250 litres of Mahua liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that altogether 250 lires of Mahua liquor
was recovered from the house of the petitiioner. He further
submits that there is non-compliance of Sections 103 and 105 of
Patna High Court CR. MISC. No.16861 of 2026(2) dt.17-03-2026
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BNSS, 2023 and the seizure list witnesses are the police
personnel and the petitioner is in custody since 23.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries one more case
of similar nature other than the present one.
6. Considering the facts and circumstances of the case
and the fact that there is non-compliance of Sections 103 and
105 of the BNSS, 2023, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge Excise-I, Gaya
in connection with Muffasil P.S. Case No. 29 of 2026, subject
to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
Patna High Court CR. MISC. No.16861 of 2026(2) dt.17-03-2026
3/3
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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