Patna High Court
Manoj Sah @ Manoj SahuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNSS, 2023 — s. 103, 105
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
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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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