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Patna High Court

Manoj SahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that anticipatory bail may be granted as the petitioner’s alleged involvement is tenuous and there is no likelihood of tampering, subject to strict conditions.

Summary

Manoj Sah sought anticipatory bail fearing arrest in a case (PS Bhaptiyahi No.230 of 2025) under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 116.535 litres of liquor from a bari behind his house. He contended that the liquor was not in his conscious possession and that the accusation was based solely on a disclosure by an apprehended person, allegedly his son, and that he was falsely implicated despite having two other criminal cases. The State opposed the bail, arguing the seriousness of the offence. The court, after considering the submissions, granted anticipatory bail conditioned on a bond of Rs.10,000 with two sureties and several compliance requirements, including cooperation with the trial and restrictions on tampering with evidence. The order stipulated that bail would be cancelled upon non‑compliance or if the petitioner is implicated in similar offences.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s alleged lack of possession and the circumstances justify the grant of bail.
  • Whether there is a likelihood of the petitioner tampering with evidence or influencing witnesses.

Legislation cited

Subjects

  • anticipatory bail
  • prohibition law
  • excise
  • liquor seizure
  • bail conditions
  • Section 30
  • Bihar
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29177 of 2026
                      Arising Out of PS. Case No.-230 Year-2025 Thana- BHAPTIAHI District- Supaul
                 ======================================================
                 Manoj Sah, S/o Nakchhedi Sah, Resident of Village - Lalganj Ward No. 07,
                 P.S - Bhaptiyahi, District - Supaul
                                                                            ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bimal Kumar, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   06-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection with

                   Bhaptiyahi P.S. Case No. 230 of 2025 dated 24.11.2025

                   instituted for the offence punishable under Sections 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Allegation is of recovery of total 116.535 litre

                   Liquor from a Bari situated behind the house of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in this

                   case. It is further submitted that nothing has been recovered

                   from the conscious possession of the petitioner rather the said

                   illicit liquor has been recovered from outside the house of the

                   petitioner which is an open place. The petitioner has been made

                   accused in this case only on the basis of disclosure made by the
Patna High Court CR. MISC. No.29177 of 2026(2) dt.06-05-2026
                                            2/3




          apprehended person who is said to be the son of the petitioner.

          Lastly, it has been submitted that petitioner has two criminal

          cases against him.

                       5. On the other hand, learned A.P.P. for the State has

          opposed the prayer for anticipatory bail of the petitioner.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, in

          the event of arrest / surrender of the petitioner within a period of

          six weeks from today, in connection with Bhaptiyahi P.S. Case

          No. 230 of 2025, he will be released on bail upon furnishing bail

          bonds of Rs. 10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of learned Exclusive Special

          Judge, Excise Court No. 1, Supaul subject to condition as laid

          down under Section 482(2) of the B.N.S.S. as well as 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 on his absence on two

                          consecutive dates without sufficient reason, his bail

                          bond shall be cancelled by the Court below.

                          2. One of the bailors will be his own blood relation,

                          preferably father, mother, brother, sister and or his
           Patna High Court CR. MISC. No.29177 of 2026(2) dt.06-05-2026
                                                       3/3




                                     wife.

                                     3. The bailor shall also state on affidavit that he

                                     will inform the court concerned if the petitioner is

                                     made accused in any other case of similar nature

                                     after his release in the present case and thereafter

                                     the court below will be at liberty to initiate the

                                     proceeding for cancellation of bail on ground of

                                     misuse.

                                     4. If the petitioner tampers with the evidence or the

                                     witnesses, in that case, the prosecution will be at

                                     liberty to move for cancellation of bail.

                                     5. The petitioner within two weeks after his release

                                     from custody shall appear before the local police

                                     station along with a copy of this order and

                                     thereafter shall appear in the first week of every

                                     month to mark his attendance till framing of

                                     charge.


                                                                      (Khatim Reza, J)

premchand/-

U      T


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