Patna High Court
Manoj Sahani @ Manoj SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioners subject to bail bonds, sureties and verification of antecedents.
Summary
The petitioners, seven residents of Banparua village, sought anticipatory bail fearing arrest in a case registered under IPC Sections 272 and 273 and the Bihar Prohibition and Excise Act, 2016 (Sections 30(a), 32 and 41(1)). They contended that no arrest was made at the scene, no liquor was found in their possession, and the alleged recovery was from a communal area, implicating them only through a chowkidar’s statement. The State opposed the bail, arguing the seriousness of the offences. The High Court, applying Section 438(2) of the CrPC, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs 5,000 each with two sureties, subject to verification of their criminal antecedents. The order further stipulated that if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC to the petitioners accused of offences under IPC 272, 273 and the Bihar Prohibition and Excise Act.
- Whether the absence of arrest at the spot and lack of possession of the alleged liquor justify denial of bail.
- Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32, 41(1)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- Section 438 CrPC
- IPC 272
- IPC 273
- Bihar Prohibition and Excise Act
- excise offences
- provisional bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91863 of 2025
Arising Out of PS. Case No.-342 Year-2023 Thana- KESARIA District- East Champaran
======================================================
1. Manoj Sahani @ Manoj Sahni S/o- Harendra Sahani Resident of Village-
Banparua, P.S. Kesariya, District- East Champaran.
2. Saroj Sahani S/o- Harendra Sahani Resident of Village- Banparua, P.S.
Kesariya, District- East Champaran.
3. Manket Sahani S/o- Surendra Sahani Resident of Village- Banparua, P.S.
Kesariya, District- East Champaran.
4. Sanket Sahani S/o- Surendra Sahani Resident of Village- Banparua, P.S.
Kesariya, District- East Champaran.
5. Akhilesh Sahani @ Akhilesh Kumar S/o- Sudish Sahani Resident of Village-
Banparua, P.S. Kesariya, District- East Champaran.
6. Lawkesh Sahani S/o- Sudish Sahani Resident of Village- Banparua, P.S.
Kesariya, District- East Champaran.
7. Dilip Sahani S/o- Rama Sahani Resident of Village- Banparua, P.S.
Kesariya, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhurendra Kumar, Advocate
Mr. Sumit Kumar, Advocate
Mr. Sudhanshu Kumar, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Petitioners apprehend their arrest in a case registered
for the offences punishable under Sections 272 and 273 of the
Indian Penal Code as well as Sections 30(a), 32 and 41(1) of Bihar
Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.91863 of 2025(2) dt.13-01-2026
2/3
petitioners have antecedent of one case under the Excise Act and
allegation is of recovery of 10 litres of liquor along with 1600
litres of semi prepared country made liquor from a chawar. It is
next submitted that petitioners were not arrested from the spot, as
such, nothing was recovered from their conscious possession and
even alleged recovery is from a place which does not belong to the
petitioners and is accessible to villagers at large and they came to
be implicated at the instance of Chowkidar but then it is submitted
that if Chowkidar was aware of the involvement of the petitioners
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 also 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.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in the
Patna High Court CR. MISC. No.91863 of 2025(2) dt.13-01-2026
3/3
sum of Rs.5,000/- (Rupees Five Thousand) each with two sureties
of the like amount each to the satisfaction of learned Exclusive
Special Excise Court No.-3, East Champaran, Motihari in
connection with Kesariya P.S. Case No.342 of 2023, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners shall verify
the criminal antecedent of the petitioners and in the event, if it is
found that petitioners have antecedents of more than one case, then
it would be presumed that petitioners for the purposes of obtaining
anticipatory bail had concealed their antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that petitioners
have antecedent of only one case, in that event, the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
Checking your session…