Patna High Court

Madan Kumar @ Madan Murari @ Madan SahaniversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: AJIT KUMAR

Holding

The Court granted anticipatory bail to the petitioner.

Summary

The petitioner, Madan Kumar, sought anticipatory bail fearing arrest in a case (Minapur P.S. Case No. 335 of 2025) involving the alleged possession of 218.97 litres of illicit foreign liquor. The offence alleged was under Sections 329(3)(4) of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The petitioner argued that the liquor was recovered from a hut owned by a widow, Daulat Devi, who was not an accused, and that he had no ownership or connection to the premises and possessed a clean antecedent. The State opposed the bail. Considering the lack of ownership, the petitioner’s clean record, and the circumstances of the recovery, the Court granted anticipatory bail subject to a bond and sureties, with the condition under Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite the alleged recovery of illicit liquor from a premises not owned by him
Whether the petitioner’s lack of ownership and clean antecedent justify bail under the applicable statutes

Legislation cited

B.N.S., 2023 — s. 329(3), 329(4)
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
illicit foreign liquor
Section 329
Section 30
Bihar Prohibition and Excise
clean antecedent
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11446 of 2026
                    Arising Out of PS. Case No.-335 Year-2025 Thana- MINAPUR District- Muzaffarpur
                 ======================================================
                 Madan Kumar @ Madan Murari @ Madan Sahani S/o Gagandev Sahani R/o -
                 Kalyanpur, Repura, Bishunpur Keso Kishunpurkant, P.S -Minapur, District -
                 Muzaffarpur, Pin - 843109
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vibhuti Kumar, Adv.
                 For the Opposite Party/s :       Mr.Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

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

                   Additional Public Prosecutor for the State.

                           2. The petitioner is apprehending his arrest in connection

                   with Minapur P.S. Case No. 335 of 2025 Dated 13.08.2025,

                   registered for the offence punishable under Section/s 329(3)(4)

                   of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition

                   and Excise Amendment Act, 2022.

                           3. As per the prosecution case, the police has recovered

                   total 218.97 liters of illicit foreign liquor from the hut.

                           4. Learned counsel for the petitioner submits that the

                   recovery is said to have been made from the hut, which belongs

                   to a widow lady namely Daulat Devi, who has not been made

                   accused in this case. It is next submitted that the place of

                   occurrence does not belong to the petitioner and the petitioner is
              Patna High Court CR. MISC. No.11446 of 2026(2) dt.17-02-2026
                                                          2/2




                        in no way connected with the alleged seized liquor. Lastly, it is

                        submitted that the petitioner is a person of clean antecedent.

                                5. Learned APP for the State opposes the prayer for grant

                        of anticipatory bail.

                                6. Regard being had to the submissions made by the

                        parties and taking into account the fact that the alleged hut, from

                        where the alleged recovery is said to have been made, does not

                        belong to the petitioner as also the petitioner is a person of clean

                        antecedent, this Court is inclined to grant anticipatory bail to the

                        petitioner.

                                6. Accordingly, let the petitioner, above named, be

                        released on anticipatory bail in the event of his 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 Excise Court I, Muzaffarpur in

                        connection with Minapur P.S. Case No. 335 of 2025, subject to

                        the condition as laid down under Section 482(2) of the B.N.S.S.



                                                                             (Ajit Kumar, J)
rishi/-

U         T

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