Patna High Court
Monu Ram @ Monu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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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