Patna High Court
Munna RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- BNSS — s. 480(3)
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
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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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