Patna High Court
Munna YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner with a bond and conditions, despite the alleged procedural lapse and prior antecedent.
Summary
The petitioner, Munna Yadav, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act after 234.72 litres of illicit liquor were seized from a car he was driving. He contended that no liquor was found in his personal possession, that he was unaware of the contraband, and that the police failed to comply with Section 105 of the BNSS while making the seizure. The State opposed bail, citing a prior similar offence in the petitioner’s record. After hearing both sides, the Court noted the lack of direct possession and procedural lapse, and considered the petitioner’s antecedents. The Court granted bail on a bond of Rs.10,000 with two sureties, imposing a condition that the petitioner not engage in similar offences in the future.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
- Whether the petitioner’s lack of direct possession and the alleged non‑compliance with Section 105 of the BNSS affect the bail decision.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- police seizure
- Section 105
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20797 of 2026
Arising Out of PS. Case No.-17 Year-2026 Thana- Tilak Rai Ka Hata District- Buxar
======================================================
Munna Yadav Son of Late Jagarnath Yadav @ Jaga Nath yadav Resident Of
Village- Chhotaka Rajpur, Ps- Tilak Rai ke Hata, Dist- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Kamal Deo Sharma, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Tilak Rai Ka Hata P.S. Case No.17 of 2026 registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Amendment Act.
3. The case of the prosecution, in short, is that from an
Indigo car altogether 234.72 liters of illicit liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is the driver of the car.
Learned counsel for the petitioner has submitted that nothing
has been recovered from the possession of the petitioner.
Learned counsel has further submitted that the witnesses of the
Patna High Court CR. MISC. No.20797 of 2026(2) dt.02-04-2026
2/2
seizure list are police personnel and police has not complied
Section 105 of the BNSS while making seizure. Learned
counsel for the petitioner has further submitted that the
petitioner was unaware of the alleged liquor kept in the car.
Learned counsel has further submitted that the petitioner is in
judicial custody since 16.02.2026.
5. The application for bail is opposed by learned APP
for the State. Learned APP has submitted that the petitioner is
having criminal antecedent of one case of similar nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the condition that
the petitioner shall not indulge in similar nature of offences in
future. The above named petitioner is directed to be enlarged on
bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand
only) with two sureties of the like amount each to the
satisfaction of the court of learned Exclusive Special Judge,
Excise court no.-2, Buxar in connection with Tilak Rai Ka Hata
P.S. Case No.17 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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