Patna High Court
Munna Kumar @ Munna Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Munna Kumar Yadav, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 4.740 litres of liquor was recovered from a gumti located in an open area. The petitioner contended that he was falsely implicated because no liquor was found in his conscious possession and the recovered liquor was accessible to the public. He had been in custody since 23 November 2025 and possessed two prior criminal records, and the prosecution alleged non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the Court considered the lack of direct possession, the open‑place recovery, and the period of custody, and decided to grant bail. Accordingly, the petitioner was released on a bond of Rs 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act when the alleged contraband was recovered from an open place and not from his conscious possession
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail
Legislation cited
Subjects
- bail
- prohibition law
- excise
- possession
- criminal procedure
- Section 30
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.158 of 2026
Arising Out of PS. Case No.-315 Year-2025 Thana- TARAIYA District- Saran
======================================================
Munna Kumar @ Munna Kumar Yadav S/o Late Ashok Ray R/o Village -
Newari, P.S - Tariya, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Taraiya
P.S. Case No. 315 of 2025 instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 4.740
litres of liquor has been recovered from gumti of the petitioner.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from the gumti which is situated in an open place and the same
is accessible to public at large. The petitioner has got no concern
Patna High Court CR. MISC. No.158 of 2026(2) dt.19-01-2026
2/2
with the alleged recovery of liquor. The petitioner is in custody
since 23.11.2025 and has two criminal antecedents. 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.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Taraiya P.S. Case
No. 315 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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