Manoj Choudhary @ Manoj Kumar Choudhary @ Manoj Pashi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Manoj Choudhary @ Manoj Kumar Choudhary @ Manoj Pashi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-I, Bhagalpur, in connection with Excise(Sadar) P.S. Case No. 746 of 2025, subject to conditions (trial co-operation and presence; no tampering with evidence or witnesses; verification of criminal antecedents with liberty to seek cancellation if concealed, without delaying acceptance of bail bonds).

Issue for consideration

Whether the petitioner, in custody since 21.11.2025 in connection with Excise(Sadar) P.S. Case No. 746 of 2025 (F.I.R. dated 21.11.2025) for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, should be released on bail.

Court's answer

The petitioner was released on bail on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Judge-I, Bhagalpur, in connection with Excise(Sadar) P.S. Case No. 746 of 2025, subject to conditions: co-operation in the trial and physical presence on each date (bail bond cancellable on absence on two consecutive dates without sufficient reason), and no tampering with evidence or witnesses.

Ratio / Principle

The court below shall verify the criminal antecedent of the petitioner and, if at any stage it is found that the petitioner concealed his criminal antecedent, shall take steps for cancellation of the bail bond; however, acceptance of bail bonds shall not be delayed for the purpose of, or in the name of, such verification.

Detailed headnote1 paragraphs

Patna High Court (Rajesh Kumar Verma, J., oral order dated 11-03-2026) allowed the bail application in CR. MISC. No.16064 of 2026 arising out of Excise(Sadar) P.S. Case No. 746 of 2025 (F.I.R. dated 21.11.2025, District Bhagalpur) under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, where the recovery was of 224.67 liters of country made foreign liquor. Counsel for the petitioner contended that nothing was recovered from his conscious possession, the recovery being from a Mahindra bolero pick-up van with the petitioner implicated merely as its driver, and that there was noncompliance of Section 100 of Cr.P.C/103 of BNSS; the police had submitted a charge sheet. The Additional Public Prosecutor opposed bail, noting one similar criminal antecedent in which the petitioner was on bail. The Court released the petitioner on bail on a bond of Rs. 10,000/- with two like sureties before the learned Exclusive Special Excise Judge-I, Bhagalpur, subject to conditions: co-operation in the trial and physical presence (bail bond cancellable for absence on two consecutive dates without sufficient reason), no tampering with evidence or witnesses, and verification of criminal antecedents by the court below with liberty to seek cancellation if antecedents were concealed — without delaying acceptance of bail bonds for the purpose of, or in the name of, verification.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16064 of 2026

Arising Out of PS. Case No.-746 Year-2025 Thana- Excise P.S. District- Bhagalpur

======================================================

Manoj Choudhary @ Manoj Kumar Choudhary @ Manoj Pashi S/o Late Dukhan Choudhary R/o Mohalla - Harmo Bidhanagar, Vidya Nagar, Daronda, Road No. - 3, P.S - Sukhdeo Nagar, District - Ranchi, State - Jharkhand

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 11-03-2026

Heard Mr. Arvind Kumar, learned counsel for the petitioner and Mr. Khurshid Anwar, learned Additional Public Prosecutor for the State.

Petitioner seeks bail who is in custody since 21.11.2025 in connection with Excise(Sadar) P.S. Case No. 746 of 2025, F.I.R. dated 21.11.2025 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Recovery is of 224.67 liters of country made foreign

liquor.

Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R.

Patna High Court CR. MISC. No.16064 of 2026(2) dt.11-03-2026 2/3

as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from Mahindra bolero pick-up van and the petitioner has been made accused merely on the basis that he is the driver of the vehicle in question. He further submits that there is noncompliance of Section 100 of Cr.P.C/103 of BNSS. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 21.11.2025.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries one criminal antecedent other than the present one of similar nature but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the said matter.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-I, Bhagalpur in connection with Excise(Sadar) P.S. Case No. 746 of 2025, subject to the following conditions:-

Patna High Court CR. MISC. No.16064 of 2026(2) dt.11-03-2026 3/3

i. 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.

ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. 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 antecedent, 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)

Suruchi/-

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