Patna High Court
Manish SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail is granted because the alleged contravention was not made from the petitioner’s conscious physical possession and there is no prima facie case to deny bail.
Summary
Manish Sahani, the registered owner of a vehicle, was implicated in a case alleging illegal manufacturing and trading of illicit liquor after 1,600.5 litres of country-made liquor were recovered from his vehicle. He was charged under Sections 30(a), 32(2), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Act, 2022. The petitioner contended that no liquor was found in his personal possession and that he has a clean antecedent, seeking bail. The State opposed the bail application, arguing the seriousness of the offences. The Court observed that the recovery was not made from the petitioner’s conscious physical possession and that the case did not prima facie warrant denial of bail, especially given his clean record. Accordingly, the Court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Code of Criminal Procedure.
Issues considered
- Whether the petitioner is entitled to bail despite allegations under the Bihar Prohibition and Excise Act, 2022.
- Whether the absence of conscious physical possession of the illicit liquor by the petitioner defeats the prosecution’s case for denying bail.
- Whether the petitioner’s clean antecedent influences the bail decision under Section 482(2) of the CrPC.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a), 32(2), 32(3), 41(1), 41(2)
- Code of Criminal Procedure — s. 482(2)
Subjects
- bail
- illicit liquor
- prohibition act
- possession
- clean antecedent
- excise
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 19562 of 2026
Arising Out of PS. Case No.-205 Year-2025 Thana- JHANJHARPUR District- Madhubani
======================================================
Manish Sahani Son of Jitendra Sahani R/o Village - Larua, P.S. - Halai, Distt.
-Samastipur. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saroj Kumar Choudhary, Advocate
For the Opposite Party/s : Mr.Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 31-03-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with Jhanjharpur P.S. Case No. 205 of 2025,
registered for the offences punishable under Section 30(a),
32(2), 32(3), 41(1), 41(2) of the Bihar Prohibition and Excise
Act, 2022.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 1600.5 litres of IMFL/country made liquor
from the vehicle.
4. It is submitted by learned counsel that petitioner
implicated with present case only being registered owner of the
vehicle bearing registration no. BR-33GC-1979, which was found
Patna High Court CR. MISC. No. 19562 of 2026(2) dt.31-03-2026
2/2
involved in carrying of illicit liquor as alleged. It is submitted that
admittedly no recovery was made from the physical possession of
the petitioner, who is a man of clean antecedent.
5. Learned APP opposed the prayer of bail.
6. Considering the aforesaid facts and circumstances
as recovery of illicit liquor prima facie not appears to be made
from the conscious physical possession of this petitioner, who is a
man of clean antecedent, accordingly, above named petitioner, in
the event of his arrest or surrender before the learned trial Court,
within a period of four weeks of the order, is directed to be
released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge Excise,
Jhanjharpur/concerned Court, where the case is pending in
connection with Jhanjharpur P.S. Case No. 205 of 2025, subject
to the conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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