Patna High Court
Manoj Sahani @ Manoj Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail with conditions, pending verification of the petitioner’s antecedent, and stipulated that the bail will be confirmed only if his prior cases do not exceed three.
Summary
Manoj Sahani sought anticipatory bail after the police registered a case under Sections 30(a), 41(1) and 52 of the Bihar Excise Act alleging that he was involved in the recovery of 70 litres of liquor from the Majhriya river. The petitioner argued that he was never arrested, that nothing was seized from his possession, and that the alleged recovery took place in a public river not owned by him, with the informant’s name omitted from the FIR. He also highlighted that he already has three prior convictions under the Excise Act and claimed the investigation was mechanically driven by local informants. The State opposed the bail application. The High Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a Rs 15,000 bond, two sureties, and a six‑week window for surrender, while directing verification of his criminal antecedent before confirming the bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite prior convictions under the Excise Act.
- Whether the lack of a proper investigation report and omission of the informant’s name in the FIR justify granting bail.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- bail conditions
- prior convictions
- police investigation
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87936 of 2025
Arising Out of PS. Case No.-146 Year-2025 Thana- Raghunathpur District- East Champaran
======================================================
Manoj Sahani @ Manoj Kumar Sahani S/o Ganesh Sahani R/o Village -
Majhariya, P.S - Raghunathpur, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Harishankar Raj
For the Opposite Party/s : Mr.Ajay Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Sri Ajay Kumar Jha.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a),
41(1) and 52 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
case was taken up on 22-12-2025, when case diary along with
antecedent report of the petitioner was called for, but then the
same till date has not been received.
4. The court will not wait endlessly for the report.
5. Learned counsel for the petitioner submits that the
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 70 litres of liquor from bank of
Majhriya river.
Patna High Court CR. MISC. No.87936 of 2025(3) dt.19-02-2026
2/3
6. 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 even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
at the instance of local people, but then the name of the person,
who disclosed the name of the petitioner is not disclosed in the
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.
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
8. 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.
15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of the learned trial court
Patna High Court CR. MISC. No.87936 of 2025(3) dt.19-02-2026
3/3
where the case is pending/successor court in connection with
Raghunathpur P.S. Case No.146 of 2025, subject to the
conditions as laid down under Section 482(2) of the BNSS.
9. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than three cases 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 three
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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