Patna High Court
Manish Kumar OjhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the petition for anticipatory bail, subject to conditions and verification of antecedents.
Summary
Manish Kumar Ojha applied for anticipatory bail in a case under Section 30(a) of the Excise Act concerning the alleged recovery of 17.64 litres of liquor from a Bolero vehicle. He argued that he had sold the vehicle to Bejli Ram on 17 June 2025 and that an affidavit from Bejli Ram confirmed the purchase, thereby shifting liability to the buyer. The State opposed the bail, noting the affidavit was filed by the petitioner’s counsel and questioning the petitioner’s antecedents. The Court granted provisional anticipatory bail on condition that the petitioner furnish bail bonds of Rs 5,000 with two sureties and appear before the trial court within six weeks, subject to verification of his criminal record. The order also directed the police to act against Bejli Ram and allowed him to seek cancellation of the bail if his affidavit was not properly sworn.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the alleged involvement in the liquor seizure under Section 30(a) of the Excise Act
- Whether the liability for the seized liquor can be transferred to the purchaser of the vehicle based on an affidavit
Legislation cited
- BNSS — s. 482(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30
- vehicle seizure
- liquor offence
- affidavit
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29691 of 2026
Arising Out of PS. Case No.-98 Year-2026 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Manish Kumar Ojha S/o Late Brajesh Ojha Resident of Village- Karja, P.S.-
Bahoranpur, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh
For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 12-05-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case and allegation is of
recovery of 17.64 litres of liquor from a Bolero vehicle.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that petitioner had already sold the
Bolero vehicle having Registration No.BR03P-9731, Engine
Patna High Court CR. MISC. No.29691 of 2026(3) dt.12-05-2026
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No.GHB1E25290, Chassis No.MA1XA2GHKB5E77946 to one
Bejli Ram on 17.06.2025, as would manifest from Annexure-2
i.e. the agreement entered in between petitioner and Bejli Ram.
It is further submitted that a supplementary affidavit has been
filed on 11.05.2026 on behalf of Bejli Ram wherein it is
recorded that Bejli Ram had purchased the seized vehicle on
17.06.2025 after paying an amount of Rs.2,01,000/- to Manish
Kumar Ojha. The learned counsel for the petitioner thus submits
that since Bejli Ram has taken the onus that he had purchased
the vehicle in dispute as such the entire liability of liquor shifts
on him, but then police in a mechanical manner is chasing the
petitioner.
5. Learned A.P.P. submits that he has received the
copy of the affidavit filed on behalf of Bejli Ram, but then it is
submitted that the said affidavit has been filed not by a learned
lawyer engaged by Bejli Ram, but by the learned counsel
appearing on behalf of the petitioner, but then, it is submitted
that since the learned lawyer has filed the said affidavit, it
cannot be disbelieved at this juncture. The learned A.P.P. further
submits that the copy of this order be communicated to the
Superintendent of Police, Bhojpur for his perusal and for taking
necessary action against Bejli Ram.
Patna High Court CR. MISC. No.29691 of 2026(3) dt.12-05-2026
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6. The learned counsel appearing on behalf of the
petitioner Mr. Ajay Kumar Singh, at this stage, submits that
Bejli Ram had come to his office and in his presence the instant
affidavit was sworn.
7. After hearing the learned counsel for the parties,
the petitioner, above-named, in the event of his arrest or
surrender before the learned Court below within a period of six
weeks, is directed to be released on provisional anticipatory bail
on his furnishing bail-bonds in the sum of Rs.5,000/- (Rupees
Five Thousand) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/successor Court in connection with Udwantnagar
(Gajrajganj) P. S. Case No.98 of 2026, subject to the conditions
laid down under Section 482(2) of the BNSS.
8. The application stands allowed.
9. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than one case, then
it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
Patna High Court CR. MISC. No.29691 of 2026(3) dt.12-05-2026
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order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
10. Let a copy of this order be sent to the
Superintendent of Police, Bhojpur for initiating action against
Bejli Ram.
11. It is also made clear that Bejli Ram will have
liberty to file an application before this Court seeking
cancellation of anticipatory bail if the affidavit has not been
sworn by him.
12. The office is directed to locate the
supplementary affidavit filed on behalf of Bejli Ram on
11.05.2026 and annexed the same with the record.
13. The present order has been passed after
perusing the office copy of the affidavit produced by the learned
counsel appearing on behalf of the petitioner.
14. The Court expects that the Superintendent of
Police, Bhojpur will act in the case promptly.
(Satyavrat Verma, J)
vikash/-
U T
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