IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17816 of 2026 Arising Out of PS. Case No.-167 Year-2026 Thana- Excise P.S. District- Sitamarhi ====================================================== 1. Manoj Sahani @ Manoj Kumar Sahani S/o- Lakhami Sahani Village- Choti Bhadugar Ps- Kanhauli District- Sitamarhi 2. Anavarul Khan S/o- Edrish Khan R/v- Marpa Po- Piparadadan Ps- Kanhauli Dist- Sitamarhi ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Madhusudan Rai, Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 24-03-2026 Heard learned counsel for the petitioners and the learned APP for the State. 2. The petitioners have prayed for bail in connection with Sitamarhi Excise P.S. Case No. 167 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The case of the prosecution, in short, is that from 1.5 km on the Indian side, a total of 301 liters of Nepali country-made liquor was recovered. From perusal of the FIR, it is clear that two persons were seen carrying something in the sacks. They started fleeing away, throwing the sacks. The apprehended persons was identified as both of the petitioners. 4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have Patna High Court CR. MISC. No.17816 of 2026(2) dt.24-03-2026 2/2 committed no offence. They have been falsely implicated in this case. He submits that from perusal of the FIR, it is clear that nothing was apprehended from the possession of these petitioners. He also submits that the said recovery was made from the sacks which were being thrown by the petitioners. He further submits that the petitioners are languishing in judicial custody since 21.01.2026. 5. The application for bail is opposed by learned APP for the State and submits that the petitioner no. 1 is having no criminal antecedent whereas petitioner no. 2 is having criminal antecedent of two cases. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-II, Sitamarhi in connection with Sitamarhi P.S. Case No. 167 of 2026. Sudhanshu/- (Ashok Kumar Pandey, J) U T