Patna High Court
Munna YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Munna Yadav, was arrested as the driver of a vehicle from which 354.81 liters of foreign liquor were seized, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he had no knowledge of the goods and that no incriminating material was found in his possession. The petitioner had been in custody since 18‑11‑2025, possessed a clean criminal record, and the prosecution had not complied with Section 103 of the BNSS, 2023. The State opposed bail, but the court considered the lack of evidence against the petitioner, his short custody period, and his clean antecedents. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
- Whether the non‑compliance of Section 103 of the BNSS, 2023, affects the grant of bail
Legislation cited
- Bihar Narcotic Substances (BNSS) Act, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- driver
- clean antecedent
- Section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1674 of 2026
Arising Out of PS. Case No.-333 Year-2025 Thana- DAWATH District- Rohtas
======================================================
Munna Yadav S/o Late Jagan Nath Yadav @ Jaga Nath Yadav @ Jagarnath
Yadav R/o Village- Chhotaka Rajpur, P.S- Tilak Rai Ke Hata, Dist- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr.Kamal Deo Sharma, Adv.
For the Opposite Party/s : Mr. Ramchandra Sahni, 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 Dawath PS
Case No. 333 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 354.81 liters of
foreign liquor was recovered from the car and the petitioner was
arrested on the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.1674 of 2026(2) dt.19-01-2026
2/2
for the petitioner submits that the petitioner is the driver of the
vehicle in question and he has no knowledge regarding the
nature of goods kept in the vehicle. The petitioner is in custody
since 18.11.2025 and has got clean criminal antecedent. There is
no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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 and 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/- (Fifteen thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Dawath PS Case No. 333 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.