Patna High Court
Manoj Kumar Sahni @ Manoj SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275
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
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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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