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Patna High Court

Monu Ram @ Monu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that anticipatory bail cannot be granted due to the petitioner’s three prior similar criminal antecedents.

Summary

The petitioner, Monu Ram, sought anticipatory bail after learning of a case (Gourichak PS Case No. 670 of 2025) alleging that 100 litres of liquor were recovered from a motorcycle belonging to a co-accused. He contended that he neither owned the vehicle nor had any knowledge of the liquor, asserting a false implication. The State opposed the bail, highlighting three prior similar criminal antecedents. The court noted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and considered the petitioner’s criminal history. Consequently, the court refused anticipatory bail, directing that if the petitioner surrenders within six weeks, a regular bail application may be considered on its merits.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s lack of ownership and knowledge of the vehicle and liquor suffices for bail.
  • Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • criminal antecedents
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarika Suraksha Sanhita
  • liquor seizure
  • Section 30(a)
  • Section 103

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15461 of 2026
                      Arising Out of PS. Case No.-670 Year-2025 Thana- GAURICHAK District- Patna
                 ======================================================
                 Monu Ram @ Monu Kumar Son of Dilip Ram Resident of village - Ushfa,
                 Police Station - Pachrukhiya, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anil Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Gourichak P.S. Case No. 670 of 2025 instituted for the

                   offences under Section 30(a) of the Bihar Prohibition and Excise

                   Act.

                               3. The prosecution case, in short, is that total 100 litres

                   of liquor was recovered from motorcycle of the apprehended co-

                   accused person.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Learned counsel further submitted that petitioner is not the

                   owner of the vehicle in question. The petitioner has got no
           Patna High Court CR. MISC. No.15461 of 2026(2) dt.12-03-2026
                                                       2/2




                     knowledge and concern with the alleged recovery of liquor.

                     Learned counsel, therefore, submitted that prima-facie, no case

                     is made out against the petitioner. The petitioner has four

                     criminal antecedent. There is no compliance of Section 103 of

                     the Bharatiya Nagarika Suraksha Sanhita, 2023.

                                 5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner stating that

                     petitioner bears three criminal antecedents of similar nature.

                                  6. Considering the aforesaid facts and circumstances

                     of the case as also the petitioner having three criminal

                     antecedents of similar nature, this Court is not inclined to grant

                     anticipatory bail to the petitioner.

                                  7. Accordingly, the prayer for grant of anticipatory

                     bail to the petitioner is, hereby, rejected.

                                  8. However, if the petitioner surrenders before the

                     learned court below within a period of six weeks from today and

                     prays for regular bail, the same shall be disposed of on its own

                     merit without being prejudiced by this order.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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