Patna High Court
Sanoj Manjhi @ Sanoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that bail should be granted to the petitioner subject to a bond of Rs.10,000 and two sureties.
Summary
The petitioner, Sanoj Manjhi, applied for bail in a criminal case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging recovery of 30 litres of liquor from a location not belonging to him. The petitioner disclosed five prior cases, four of which were also under the Excise Act, and argued that he was not arrested at the scene and that the recovery was unrelated to him. The State opposed the bail, contending the seriousness of the offence and the petitioner’s antecedents. The court examined the circumstances, noting the lack of possession at the time of arrest and the alleged mechanical nature of the investigation. It concluded that bail could be granted provided the petitioner furnished a bond of Rs.10,000 with two sureties of equal amount, pending further trial. The order directed the trial court to release the petitioner on bail under the specified conditions.
Issues considered
- Whether bail should be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 despite prior criminal antecedents.
- Whether the circumstances of the alleged recovery and lack of immediate possession justify bail.
- Whether the investigation conducted by police was sufficient to deny bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- excise offence
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal antecedents
- police investigation
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6079 of 2026
Arising Out of PS. Case No.-318 Year-2025 Thana- AMNAUR District- Saran
======================================================
Sanoj Manjhi @ Sanoj Kumar S/O Indra Dev Manjhi R/O Village-
Shekhpura, P.S- Amnour, Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shweta Anand
For the Opposite Party/s : Mr. Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases out of which four cases
are under the Excise Act and allegation is of recovery of 30
litres of liquor from a bush behind the house of Pankaj. It is
next submitted that petitioner was not arrested from the spot as
such nothing was recovered from his conscious possession and
even alleged recovery is from a place which does not belong to
the petitioner and he has no concern or relation with Pankaj and
he came to be implicated at the instance of local person and
Patna High Court CR. MISC. No.6079 of 2026(2) dt.30-01-2026
2/2
chowkidar but then it is submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation and the petitioner is in custody
since 17.12.2025.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten 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 Amnour
P.S. Case No.318/2025.
(Satyavrat Verma, J)
amit/-
U T
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