Patna High Court
Munna Rai @ Munna Kumar @ Munna RayversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- JITENDRA KUMAR
Holding
Anticipatory bail was denied.
Summary
Munna Rai applied for anticipatory bail after being implicated in a case (PS 390 of 2025) for possession of 320 litres of illicit country-made liquor seized from a Tata Indigo car, alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he was neither the owner nor the driver of the vehicle and was not present at the scene, asserting his innocence. The State opposed bail, highlighting that the petitioner is already accused in two other excise cases, portraying him as a habitual offender. The Court, considering the petitioner’s prior criminal antecedents of a similar nature, was not persuaded to grant anticipatory bail. Consequently, the petition for anticipatory bail was rejected, and the petitioner was ordered to surrender before the lower court, which was directed to hear his regular bail application on the same day.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 in view of the alleged offence.
- Whether the petitioner’s prior criminal antecedents in similar excise matters preclude the grant of anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- illicit liquor
- excise law
- bail
- criminal antecedents
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18547 of 2026
Arising Out of PS. Case No.-390 Year-2025 Thana- PARSA District- Saran
======================================================
Munna Rai @ Munna Kumar @ Munna Ray, S/o Shambu Ray, Resident of
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, Advocate.
For the State : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Parsa P.S. Case No. 390 of 2025 dated
19.12.2025 registered for the offences punishable under Section
30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per allegation, 320 litres of illicit country made
liquor has been recovered from a Tata Indigo Car bearing
registration No. WB-24Y-2471. As per further case of the
Police, the driver of the vehicle was trying to run away with the
vehicle after dashing. However, the villagers tried to apprehend
the driver but he fled away leaving behind the car.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.18547 of 2026(3) dt.06-05-2026
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case. He further submits that the petitioner was not present at
the place of occurrence nor he was any way connected with the
alleged offence because neither he was owner nor driver of the
vehicle in question.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has been made accused in two
other cases of Excise Act.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail submitting that the
petitioner has two criminal antecedents of similar nature which
shows that he is habitual offenders of Excise Act and, therefore,
he does not deserve bail.
8. Considering the criminal antecedents of the
petitioner of similar nature, I am not persuaded to enlarge the
petitioner on anticipatory bail.
9. Accordingly, the prayer for anticipatory bail of the
petitioner stands rejected.
10. However, the petitioner is directed to surrender
before learned court below and in case of surrender, learned
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court below is requested to hear the bail petition of the
petitioner on the same day.
(Jitendra Kumar, J)
S.Ali/-
U T
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