Patna High Court

Manoj Sahani @ Manoj Kumar SahaniversusThe State of Bihar

Decided: 24 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to both petitioners on a bond of Rs.10,000 each with two sureties.

Summary

The petitioners, Manoj Sahani and Anavarul Khan, were arrested in connection with the recovery of 301 litres of Nepali liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The FIR alleged that they were seen carrying sacks, fled the scene, and threw the sacks, after which the liquor was recovered. The petitioners contended that nothing was found in their possession and that they were falsely implicated, having been in judicial custody since 21 January 2026. The State opposed bail, noting that one petitioner had no prior record while the other had two earlier cases. After hearing both sides, the court decided to enlarge bail, directing each petitioner to furnish a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Judge‑II, Sitamarhi.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the recovery and the petitioners' criminal antecedents.

Subjects

bail
excise
prohibition
Section 30(a)
Nepali liquor
criminal antecedent
Indian criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17816 of 2026
                      Arising Out of PS. Case No.-167 Year-2026 Thana- Excise P.S. District- Sitamarhi
                 ======================================================
           1.     Manoj Sahani @ Manoj Kumar Sahani S/o- Lakhami Sahani Village- Choti
                  Bhadugar Ps- Kanhauli District- Sitamarhi
           2.     Anavarul Khan S/o- Edrish Khan R/v- Marpa Po- Piparadadan Ps- Kanhauli
                  Dist- Sitamarhi
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Madhusudan Rai, Advocate
                 For the Opposite Party/s :         Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   24-03-2026                  Heard learned counsel for the petitioners and the

                   learned APP for the State.

                                2. The petitioners have prayed for bail in connection

                   with Sitamarhi Excise P.S. Case No. 167 of 2026 registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The case of the prosecution, in short, is that from 1.5

                   km on the Indian side, a total of 301 liters of Nepali country-made

                   liquor was recovered. From perusal of the FIR, it is clear that two

                   persons were seen carrying something in the sacks. They started

                   fleeing away, throwing the sacks. The apprehended persons was

                   identified as both of the petitioners.

                                4. Learned counsel appearing on behalf of the

                   petitioners has submitted that petitioners are innocent and have
           Patna High Court CR. MISC. No.17816 of 2026(2) dt.24-03-2026
                                                       2/2




                     committed no offence. They have been falsely implicated in this

                     case. He submits that from perusal of the FIR, it is clear that

                     nothing was apprehended from the possession of these petitioners.

                     He also submits that the said recovery was made from the sacks

                     which were being thrown by the petitioners. He further submits

                     that the petitioners are languishing in judicial custody since

                     21.01.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner no. 1 is having no

                     criminal antecedent whereas petitioner no. 2 is having criminal

                     antecedent of two cases.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioners on bail.         The above named

                     petitioners are directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) each with two

                     sureties of the like amount each to the satisfaction of the learned

                     Exclusive Special Excise Judge-II, Sitamarhi in connection with

                     Sitamarhi P.S. Case No. 167 of 2026.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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