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Patna High Court

Manoj Kumar Sahni @ Manoj SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court inclined to grant bail to the petitioner.

Summary

Manoj Kumar Sahni was arrested after 117 litres of liquor were recovered from a motorcycle and charged under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, had no possession of the liquor, was not the owner of the motorcycle, and was arrested merely on suspicion, also noting a lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. He had been in custody since 26‑12‑2025 and possessed a prior criminal antecedent for which he was out on bail. The State opposed the bail application. Considering the circumstances, the Court decided to grant bail, directing the petitioner to furnish a bail bond of Rs.15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged possession of liquor under Sections 274, 275 of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the lack of incriminating material, non‑ownership of the vehicle, and alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita justify bail
  • Impact of the petitioner’s prior criminal antecedent on the bail decision

Legislation cited

Subjects

  • bail
  • liquor possession
  • prohibition law
  • criminal procedure
  • suspicion
  • prior antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4984 of 2026
                    Arising Out of PS. Case No.-308 Year-2025 Thana- BASOPATTI District- Madhubani
                 ======================================================
                 Manoj Kumar Sahni @ Manoj Sahni S/o- Gangai Sahni R/v- Kamlawarpatti
                 Ps-Harlakhi Dist- Madhubani

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Shabina Talat, Advocate
                 For the Opposite Party/s :       Mr. Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   29-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Basopatti P.S. Case No. 308 of 2025, instituted for the offences

                   punishable under Sections 274, 275 of the Bharatiya Nyaya

                   Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that 117 liters

                   liquor was recovered from motorcycle and the petitioner was

                   arrested on spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from
             Patna High Court CR. MISC. No.4984 of 2026(2) dt.29-01-2026
                                                         2/2




                       the conscious possession of the petitioner. The petitioner has got

                       no concern with the alleged recovery of liquor. Learned counsel

                       for the petitioner also submitted that the petitioner has been

                       arrested only on the basis of suspicion. It is further submitted

                       that the petitioner is not the owner of the motorcycle in

                       question. The petitioner is in custody since 26.12.2025 and has

                       got one criminal antecedent in which he is on bail. There is no

                       compliance of Section 103 of the Bharatiya Nagarik Suraksha

                       Sanhita, 2023.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                    6. Considering the aforesaid facts and circumstances

                       of the case and the period of custody undergone by the

                       petitioner, this Court is inclined to grant bail to the petitioner.

                                    7. Let the petitioner be released on bail on furnishing

                       bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Basopatti P.S. Case

                       No. 308 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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