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