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Patna High Court

Munna RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to the conditions specified in Section 480(3) of BNSS and additional personal conditions.

Summary

Munna Ram was arrested in connection with an alleged offence under Section 30(a) of the Bihar Prohibition & Excise Act for allegedly keeping 182 litres of illicit Mahua liquor on the banks of the Sone River. The petitioner claimed innocence, asserted that no incriminating material was found in his possession, and highlighted his clean antecedent and the fact that the charge sheet had already been filed. The State opposed bail, but the court considered the length of custody, the petitioner’s clean record, and the submission of the charge sheet. Accordingly, the court ordered his release on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of BNSS and additional personal conditions. The bail order required the petitioner’s presence at all court dates and stipulated cancellation of bail for non‑compliance.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act considering the facts of the case.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition & Excise Act
  • illicit liquor
  • Section 30(a)
  • clean antecedent
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10600 of 2026
                   Arising Out of PS. Case No.-74 Year-2025 Thana- NTPC KHAIRA District- Aurangabad
                 ======================================================
                 Munna Ram, S/o- Late Ramjeevan Ram, resident of Village- Khapiya, PS-
                 NTPC Khaira (Badem), District- Aurangabad Bihar

                                                                                  ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mrs.Rupa Kumari, Advocate
                 For the Opposite Party/s :         Mrs.Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with NTPC Khaira P.S. Case No. 74 of 2025

                   registered for the alleged offence under Section 30(a) of the

                   Bihar Prohibition & Excise Act.

                                3. As         per    prosecution     case,    police     received

                   information about the petitioner keeping illicit liquor for sale on

                   the banks of Sone River. A raid was conducted and the petitioner

                   was apprehended and recovery of total 182 liters of country

                   made Mahua liquor was made.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. Nothing incriminating has been recovered from the
Patna High Court CR. MISC. No.10600 of 2026(2) dt.17-02-2026
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          person/possession of the petitioner. The petitioner has no

          concern with the seized liquor. The petitioner is in custody since

          04.12.2025 and is having clean antecedent. The charge sheet has

          been submitted.

                       5. Learned APP for the State opposes the submission

          made on behalf of the petitioner.

                       6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          period of custody of the petitioner, his clean antecedent and

          submission of charge sheet, the petitioner above named is

          directed to be released on bail on furnishing bail bonds of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Special Judge, Excise Court

          No.2, Aurangabad/court concerned in connection with NTPC

          Khaira P.S. Case No. 74 of 2025, subject to the conditions

          mentioned in Section 480(3) of BNSS and the following

          conditions:

                        (i) One of the bailors will be a close relative of

                        the petitioner.

                        (ii) The petitioner will remain present on each

                        and every date fixed by the court below.

                        (iii) In case of absence on three consecutive
           Patna High Court CR. MISC. No.10600 of 2026(2) dt.17-02-2026
                                                       3/3




                                   dates or in violation of the terms of the bail, the

                                   bail bond of the petitioner will be liable to be

                                   cancelled by the court concerned.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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