Patna High Court

Munna KumarversusThe State of Bihar

Decided: 3 April 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court held that bail should be granted, subject to specified conditions, as the alleged procedural lapses in seizure and the petitioner’s current bail status outweighed the prior convictions.

Summary

Munna Kumar sought bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, where 100 litres of country‑made liquor was recovered from a discarded plastic bag. The petitioner argued that the seizure was unlawful as there was no physical possession and the recovery site was a public place, lacking an independent witness to the seizure. The State opposed bail, citing two prior similar convictions, though the petitioner was already on bail in those matters. The Court examined the legality of the seizure and the relevance of the prior offences, and concluded that bail could be granted subject to conditions. Accordingly, the petitioner was ordered to surrender within four weeks, furnish a bail bond of Rs.10,000 with two sureties, cooperate with the investigation, and have one bailor as a close relative.

Issues considered

Whether bail should be granted to the petitioner under Section 438(2) Cr.P.C. and Section 482(2) of the B.N.S.S. despite prior similar convictions.
Whether the seizure of the liquor was lawful given the alleged lack of physical possession and absence of an independent witness.
Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

B.N.S.S. — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

bail
search and seizure
prohibition act
excise
prior convictions
Criminal Procedure Code
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17640 of 2026
                     Arising Out of PS. Case No.-296 Year-2025 Thana- DERNI BAZAR District- Saran
                 ======================================================
                 Munna Kumar S/o- Shambu Ray R/o village - Jaminpur , P.s- Derni, District-
                 Saran                                                   ... ... Petitioner/s
                                              Versus
                 The State of Bihar                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ravi Prakash
                 For the Opposite Party/s :       Mr.Umanath Mishra
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   03-04-2026                       Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner is apprehending his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Amendment Act, 2022.

                                   3. Perusal of the first information report and the

                   seizure list, would go to show that 100 liters of country made

                   liquor is said to have been recovered from a plastic bag thrown

                   away allegedly by the petitioner on roadside.

                                   4. Learned counsel for the petitioner submits that

                   there is no recovery from physical and conscious possession of the

                   petitioner. It is submitted that the place of recovery is an open

                   place, easily accessible to anyone. The name of the petitioner has

                   surfaced in the present case on disclosure made by local

                   Chowkidar. Further mandatory provisions of search and seizure

                   have been violated as there is no independent witness to the
             Patna High Court CR. MISC. No.17640 of 2026(2) dt.03-04-2026
                                                         2/2




                       seizure list.

                                          5. Learned APP for the State opposes the prayer for

                       bail on the ground that petitioner has two criminal antecedents of

                       similar nature of the offence, to which, learned counsel for the

                       petitioner submits that the petitioner is on bail in all the cases.

                                    6.        Taking    into      consideration   the   facts   and

                       circumstances of the case, let the above named petitioner in the

                       event of his arrest or surrender before the learned Court below

                       within a period of four weeks from today, be enlarged on bail on

                       furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

                       two sureties of the like amount each to the satisfaction of the

                       learned court below where the case is pending/successor court in

                       connection with Derni P.S. Case No. 296 of 2025, subject to the

                       condition as laid down under Section 438 (2) of the Cr.P.C./482(2)

                       of the B.N.S.S., subject to the further conditions:

                                    (i)      The     petitioner     shall   cooperate     in    the

                       investigation/trial.

                                    (ii) One of the bailors will be a family member/close

                       relative.


                                                   (Soni Shrivastava, J)
devendra/-

U      T

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