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Patna High Court

Munna Kumar @ Munna Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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