Patna High Court
Minku Kumar @ Minku SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and sureties, as the alleged contraband was not in his constructive possession.
Summary
The petitioner, Minku Kumar, applied for anticipatory bail after the police recovered 750 ml of illicit liquor and Rs 20,000 in counterfeit currency from his house in connection with a case under the Bihar Prohibition and Excise Act. The petitioner contended that the seized items were actually in the possession of his brother‑in‑law, who had been arrested, and that his name appeared only because of a co‑accused’s confessional statement, with no direct or constructive possession by him. The State opposed the bail, arguing the offences under several sections of the Bihar Prohibition and Excise Act. The Court noted that the liquor and fake currency were not recovered from the petitioner’s constructive possession and, considering his lack of criminal antecedents, inclined to grant anticipatory bail. Accordingly, the Court ordered release on anticipatory bail upon furnishing a Rs 10,000 bond with two sureties, subject to Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted when the alleged contraband is not recovered from the petitioner’s constructive possession.
- Whether the petitioner’s name, derived solely from a co‑accused’s confession, suffices to justify denial of bail.
- Whether the offences under the Bihar Prohibition and Excise Act warrant denial of anticipatory bail.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- constructive possession
- illicit liquor
- fake currency
- Bihar Prohibition and Excise Act
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11402 of 2026
Arising Out of PS. Case No.-552 Year-2025 Thana- PALIGANJ District- Patna
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Minku Kumar @ Minku Singh Son of Birendra Sharma R/o Village/Mohalla -
Indira Nagar, P.S. - Paliganj, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Piyush Kant Singh
For the Opposite Party/s: Mr. Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 17-02-2026 Heard learned counsel for the parties.
2. The petitioner is apprehending his arrest in
connection with Paliganj P.S. Case No.552 of 2025, F.I.R dated
22.11.2025 registered for the offences punishable under
Sections 318(4), 178, 179, 180, 336(3), 340(2), 3(5) and 30(a)
of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, a total of 750 ml of
liquor and Rs.20,000/- fake currency is said to have been
recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that
although the recovery is said to have been made from the house
of the petitioner, the same had, in fact, been given to his brother-
in-law for residing therein, who has been arrested by the police.
It is further submitted that the name of the petitioner has
transpired solely on the basis of the confessional statement of
Patna High Court CR. MISC. No.11402 of 2026(2) dt.17-02-2026
2/2
the co-accused. The petitioner is in no way connected with the
seized liquor or the alleged fake currency. No recovery has been
made from the conscious possession of the petitioner. Lastly, it
is submitted that the petitioner has no criminal antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Regard being had to the submission made by the
parties, taking into consideration the fact that illicit liquor has
not been recovered from the constructive possession of the
petitioner, accordingly, this Court is inclined to grant
anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on an-
ticipatory bail in the event of arrest or surrender before the court
below within a period of four weeks from today on furnishing
bail bond of Rs. 10,000/- (rupees ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Special Judge, Excise, Patna City in connection with Paliganj
P.S. Case No.552 of 2025 subject to the condition as laid down
under Section 482(2) of the B.N.S.S., 2023.
(Ajit Kumar, J)
shikha/-
U T
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