Patna High Court

Munna Kumar @ Munna YadavversusThe State of Bihar

Decided: 18 April 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The court granted regular bail to the petitioner, directing release upon furnishing a bail bond of Rs.5,000 with two sureties.

Summary

The petitioner, Munna Kumar, was charged under Section 317(5) of the BNS, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering 135 litres of liquor from a motorcycle. He had twelve prior cases, ten under the Excise Act, and argued that he was not arrested at the spot, had no conscious possession of the liquor, and was implicated only through a confessional statement of another accused, which he claimed lacked evidentiary value. The State opposed regular bail, citing the petitioner’s antecedent record. The court considered the lack of direct possession, the questionable reliability of the confessional statement, and the petitioner’s willingness to cooperate with the trial. It concluded that the petitioner was not a flight risk and ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the accused under Section 317(5) of the BNS, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 despite his antecedent criminal record.
Whether the confessional statement of another accused can be the sole basis for implicating the petitioner.
Whether the absence of recovered liquor from the petitioner’s conscious possession justifies bail.

Legislation cited

Bihar Narcotic Substances (BNS) Act — s. 317(5)

Subjects

bail
excise law
confessional statement
possession
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19937 of 2026
                       Arising Out of PS. Case No.-36 Year-2025 Thana- RAJAOLI District- Nawada
                 ======================================================
                 Munna Kumar @ Munna Yadav S/o Umesh Yadav @ Umesh Prasad Resident
                 of Village- Pahwachak, PS- Akbarpur, District- Nawada
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sheo Kumar Prasad, Advocate
                 For the Opposite Party/s :       Mr. Shyam Bihari Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Section 317(5) of the BNS, 2023 as

                   well as Section 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of twelve cases out of which ten cases

                   are under the Excise Act and allegation is of recovery of 135

                   litres of liquor from a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated based on the confessional statement of Bablu
           Patna High Court CR. MISC. No.19937 of 2026(2) dt.18-04-2026
                                                       2/2




                     Kumar in police custody which does not have any evidentiary

                     value in the eye of law. It is next submitted that once an accused

                     is implicated in a case relating to excise the police start

                     implicating mechanically either at the instance of the

                     Chawkidar, local person, confessional statement or secret

                     information without holding a proper investigation of the case.

                     It is also submitted that petitioner is in custody since 21.01.2026

                     and if the privilege of regular bail is granted to the petitioner,

                     the petitioner will not abscond rather will cooperate in the trial

                     to prove his innocence.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     regular bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner, the petitioner,

                     above-named, is directed to be released on bail on furnishing

                     bail bonds of Rs.5,000/- (Rupees Five Thousand) with two

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

                     Trial Court where the case is pending in connection with Rajauli

                     P.S. Case No. 36 of 2025.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T

Continue reading with your account

Checking your session…