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Patna High Court

Manish Kumar OjhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            3/4




                       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
                                                           4/4




                         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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