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Patna High Court

Manjay Sahani @ Manoj Kumar Sahani @ Manjay Kumar SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

Manjay Sahani applied for regular bail in a case under the Bihar Prohibition and Excise Act, 2016 (sections 30(a), 32 and 41(1)) where 110 litres of country liquor were seized from a motorcycle and a co-accused named him as the person who escaped. The petitioner argued that he was not arrested at the scene, no incriminating material was found on him, and he was falsely implicated based on the co-accused's statement. He had been in custody since 9 April 2026 and had no prior criminal record. The State opposed the bail. Considering the nature of the allegation, the lack of arrest at the spot, absence of seized articles from the petitioner, and the length of custody, the court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court.

Issues considered

  • Whether the petitioner is entitled to regular bail under the Bihar Prohibition and Excise Act, 2016 given the circumstances of the case
  • Whether the evidence and allegations against the petitioner justify denial of bail

Legislation cited

Subjects

  • bail
  • regular bail
  • Bihar Prohibition and Excise Act
  • false implication
  • liquor seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40999 of 2026
                 Arising Out of PS. Case No.-241 Year-2025 Thana- LAKHAURA District- East Champaran
                 ======================================================
                 Manjay Sahani @ Manoj Kumar Sahani @ Manjay Kumar Sahani, S/O
                 Rachheya Sahani Resident of village - Muswa Bhediyari, P.S. Sugauli,
                 District- East Champaran, Motihari.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   01-07-2026                  Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Lakhaura P.S. Case

                   no.241 of 2025 registered under sections 30(a), 32 and 41(1) of

                   the Bihar Prohibition and Excise Act, 2016.

                                3. As per the prosecution case, 110 litres of country

                   liquor was recovered from the motorcycle in question and

                   Pawan Kumar was taken into custody. On enquiry Pawan

                   Kumar disclosed the name of the petitioner as the person who

                   had managed to escape.

                                4. Learned counsel for the petitioner submits that

                   neither the petitioner was arrested at the spot nor any

                   incriminating article recovered from his possession. He has been

                   falsely implicated in the case on the alleged statement of co-
            Patna High Court CR. MISC. No.40999 of 2026(2) dt.01-07-2026
                                                        2/2




                      accused made before police. He has no concern with the seized

                      liquor or the motorcycle in question. He is in custody since

                      9.4.2026 and has no criminal antecedent.

                                   5. The application for bail is opposed by learned

                      A.P.P. for the State.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration the nature of allegation against the

                      petitioner in the F.I.R., the petitioner not having been arrested at

                      the spot, no incriminating article having been recovered from

                      his possession and the petitioner having remained in custody

                      since 9.4.2026, the petitioner is directed to be enlarged on bail

                      in connection with Lakhaura P.S. Case no.241 of 2025 on

                      furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

                      two sureties of the like amount each to the satisfaction of the

                      learned Exclusive Special Excise Court no.1, Civil Court, East

                      Champaran at Motihari.


                                                              (Partha Sarthy, J)
avinash/-

U      T


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