Patna High Court
Manjay Sahani @ Manoj Kumar Sahani @ Manjay Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32, 41(1)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.