Manoj Sah @ Manoj Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23656 of 2026 Arising Out of PS. Case No.-31 Year-2026 Thana- SIMRI District- Buxar ====================================================== Manoj Sah @ Manoj Sahu S/o- Late Bhikhari Sah R/v- Simari Dudhi Patti Ps- Simari Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s :

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-04-2026 Heard Mr. Dr. Kamal Deo Sharma, learned counsel for the petitioner and Mr. Kanhiya Kishor, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 03.03.2026, in connection with Simari P.S. Case No. 31 of 2026, F.I.R. dated 09.02.2026 registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022.

3. Recovery is of 35.575 litres of foreign liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather recovery has been

Patna High Court CR. MISC. No.23656 of 2026(2) dt.08-04-2026 2/3 made from the house of the petitioner. He further submits that the petitioner is not the absolute owner of the house in question rather the house in question is the joint house property of the petitioner. It appears from the F.I.R. that altogether 35.575 litres of foreign liquor was recovered from the house of the petitioner. He further submits that there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 03.03.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries six more cases of similar nature other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matters.

6. Considering the facts and circumstances of the case and the fact that nothing has been recovered from the conscious possession of the petitioner and there is non-compliance of Sections 103 and 105 of the BNSS, 2023, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 2, Buxar in connection with Simari

Patna High Court CR. MISC. No.23656 of 2026(2) dt.08-04-2026 3/3 P.S. Case No. 31 of 2026, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T