Patna High Court
Monu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- BNSS — s. 105
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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