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Patna High Court

Manoj Sah @ Manoj SahuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding that the lack of conscious possession and procedural non‑compliance justified release on bond.

Summary

Manoj Sah was arrested on 3 March 2026 in connection with a case involving the alleged possession of 35.575 litres of foreign liquor, alleged under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022. The petitioner argued that the liquor was recovered from a house jointly owned by him and not from his conscious possession, and that the investigating authorities failed to comply with Sections 103 and 105 of the BNSS, 2023. The State opposed bail, noting six other similar cases against the petitioner, though he was already on bail in those matters. The court examined the lack of direct possession and procedural lapses and decided to grant bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents. The order directed the bail bond to be accepted without delay for verification purposes.

Issues considered

  • What is the applicability of Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022 to the petitioner’s alleged involvement?
  • Whether the failure to comply with Sections 103 and 105 of the BNSS, 2023 warrants granting bail.
  • Whether the absence of seizure from the petitioner’s conscious possession justifies bail despite pending similar cases.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • foreign liquor
  • non-possession
  • procedural lapse
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23656 of 2026
                          Arising Out of PS. Case No.-31 Year-2026 Thana- SIMRI District- Buxar
                 ======================================================
                 Manoj Sah @ Manoj Sahu S/o- Late Bhikhari Sah R/v- Simari Dudhi Patti
                 Ps- Simari Dist- Buxar

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dr. Kamal Deo Sharma, Advocate
                 For the Opposite Party/s :        Mr. Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-04-2026                   Heard Mr. Dr. Kamal Deo Sharma, learned counsel

                   for the petitioner and Mr. Kanhiya Kishor, learned APP for the

                   State.

                                2. Petitioner seeks bail, who is in custody since

                   03.03.2026, in connection with Simari P.S. Case No. 31 of 2026,

                   F.I.R. dated 09.02.2026 registered for the offences punishable

                   under Section 30(a)              of the Bihar Prohibition & Excise

                   Amendment Act, 2022.

                                3. Recovery is of 35.575 litres of foreign 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 nothing has been recovered from the

                   conscious possession of the petitioner rather recovery has been
Patna High Court CR. MISC. No.23656 of 2026(2) dt.08-04-2026
                                            2/3




          made from the house of the petitioner. He further submits that

          the petitioner is not the absolute owner of the house in question

          rather the house in question is the joint house property of the

          petitioner. It appears from the F.I.R. that altogether 35.575 litres

          of foreign liquor was recovered from the house of the petitioner.

          He further submits that there is non-compliance of Sections 103

          and 105 of BNSS, 2023 and the petitioner is in custody since

          03.03.2026.

                       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 six more cases

          of similar nature other than the present one but fairly submits on

          the basis of paragraph-3 of the bail petition that the petitioner is

          on bail in the pending matters.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner and 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 Court No. 2, Buxar in connection with Simari
               Patna High Court CR. MISC. No.23656 of 2026(2) dt.08-04-2026
                                                           3/3




                         P.S. Case No. 31 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.

                                      (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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