Patna High Court
Manoj SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
Manoj Sah, the petitioner, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 40 litres of liquor from two motorcycles. He claimed he was not in possession of the liquor, did not own the motorcycles, and was implicated only after a chowkidar’s report, questioning the police investigation. The State opposed his request for anticipatory bail. The Court, after hearing both sides, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditions under Section 482(2) of the BNSS, directing the trial court to verify his criminal antecedent. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the provisional bail will be confirmed. The order is provisional pending verification by the trial court.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Excise Act.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for granting provisional anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- BNSS
- Section 482(2)
- criminal antecedent
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84994 of 2025
Arising Out of PS. Case No.-625 Year-2025 Thana- GORAUL District- Vaishali
======================================================
Manoj Sah Son of Late Bhagwan Sah Resident of Village- Sekhpura Gangti,
P.S.- Goraul (Kathara), District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar
For the Opposite Party/s : Mr.Satya Nand Shukla
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 40 litres of liquor from two different
motorcycles.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
any of the seized motorcycles and he came to be implicated at
the instance of Chowkidar but then it is submitted that if the
Patna High Court CR. MISC. No.84994 of 2025(3) dt.20-01-2026
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Chowkidar was aware about the involvement of the petitioner in
the occurrence, then why he did not inform the police prior to
institution of the instant FIR, which casts an aspersion on the
case of the prosecution. It is further submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
5,000/- (Rupees Five 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 Goraul
P.S. Case No. 625 of 2025, subject to the conditions as laid
down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
Patna High Court CR. MISC. No.84994 of 2025(3) dt.20-01-2026
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in the event if it is found that petitioner has antecedent of more
than one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of one
case in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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