Manoj Kumar Sah @ Manoj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9490 of 2026 Arising Out of PS. Case No.-1201 Year-2025 Thana- SAHARSA SADAR District- Saharsa ====================================================== 1.

Manoj Kumar Sah @ Manoj Sah S/o Harilal Sah R/o vill - Bengha, P.S.- Saharsa Sadar, Distt.- Saharsa 2.

Suman Kumar S/o Manoj Kumar Sah @ Manoj Sah R/o vill - Bengha, P.S.- Saharsa Sadar, Distt.- Saharsa ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-02-2026 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a) and 30(c) of the Bihar Excise Act.

3.

Learned counsel for the petitioners submits that the petitioner no. 1 has antecedent of one case under the Excise Act and petitioner no. 2 is a person with clean antecedent and allegation is of recovery of 10 litres of liquor from a bamboo orchard.

4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was

Patna High Court CR. MISC. No.9490 of 2026(2) dt.23-02-2026 2/3 recovered from their conscious possession and even the alleged recovery is from a place which does not belong to the petitioner and they came to be implicated at the instance of local people, but then the name of the person, who disclosed the name of the petitioners 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. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender 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) each 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 Saharsa Sadar P.S. Case No. 1201 of 2025, subject to the conditions as laid down under Section Section 482(2) of the BNSS.

Patna High Court CR. MISC. No.9490 of 2026(2) dt.23-02-2026 3/3 7.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioner no. 1 has antecedent of more than one case and petitioner no. 2 has antecedent of even one case then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed with respect to that petitioner who had concealed his criminal antecedent before this Court, but after verification if it is found that petitioner no. 1 has antecedent of one case and petitioner no. 2 is a person with clean antecedent, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T