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Patna High Court

Monu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Monu Kumar was arrested in Bihta police station for alleged involvement in a seizure of 300 litres of country‑made liquor, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating that no liquor was recovered from his possession and that the police seizure list was prepared without complying with Section 105 of the BNSS. He also highlighted his clean criminal record and that he had been in judicial custody since 9 May 2025. The State opposed the bail application, but the court, after considering the lack of direct recovery, procedural lapses, and the petitioner’s antecedents, ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Judge Excise, Danapur. The order effectively disposes of the bail petition.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the failure to comply with Section 105 of the BNSS in preparing the seizure list warrants bail.
  • Whether the absence of any liquor recovered from the petitioner and his clean antecedent justify granting bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • procedural lapse
  • seizure
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21057 of 2026
                         Arising Out of PS. Case No.-321 Year-2025 Thana- BIHTA District- Patna
                 ======================================================
                 Monu Kumar S/o Ganesh Prasad @ Ganesh Sah Resident of Mohalla - Shital
                 Tola, P.S - Ara Town, District - Bhojpur

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajeev Ranjan No. Ii, Advocate
                 For the Opposite Party/s :       Mr. Md. Anzarul Haque Sahara, 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 regular bail in a case

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

                   Bihar Prohibition and Excise Act.

                                3. The case of the prosecution is that from a tempo,

                   altogether 300 liters of country made liquor was recovered. This

                   petitioner was apprehended by the police on spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that nothing has been

                   recovered from the possession of the petitioner. He has been

                   falsely implicated in this case. He is not in any way concerned

                   with the alleged tempo from where, the recovery has been made.
            Patna High Court CR. MISC. No.21057 of 2026(2) dt.02-04-2026
                                                        2/2




                      The witnesses of the seizure list are police personnel and police

                      has not complied Section 105 of BNSS while preparing seizure.

                      A statement has been made in para-3 of this petition that the

                      petitioner has got no criminal antecedent. Moreover, he is

                      languishing in judicial custody since 09.05.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   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. The above named

                      petitioner is directed to be released on bail in connection with

                      Bihta P.S. Case No. 321 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Special Judge Excise,

                      Danapur.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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