Patna High Court
Munna YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
Munna Yadav, the owner of a truck, applied for anticipatory bail fearing arrest in an excise case where 630.720 litres of illicit foreign liquor were seized from his vehicle. The prosecution alleged violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended he had no knowledge of the liquor, was merely a vehicle owner, and that the seizure violated Section 105 of the BNSS, also asserting no prior criminal record. The State opposed bail. After hearing both sides, the court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the truck owner under Section 438 CrPC in view of alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS during seizure affects the bail decision.
- Whether ownership of the vehicle without knowledge of the illicit liquor suffices to deny culpability.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105, 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- vehicle ownership
- procedural lapse
- Section 105
- Section 438
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22753 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- EXCISE JAGDISHPUR District- Bhojpur
======================================================
Munna Yadav S/o- Ram Pravesh Yadav @ Ramprvesh Yadav Resident of
Village- Baburiya Math PS- Khodaganj dist-Nalanda
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anish Kumar, Advocate
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Excise Jagdishpur P.S. Case no. 10 of 2026
instituted for the offence under Sections 30 (a) of the Bihar
Prohibition and Excise Act.
3. The case of the prosecution is that altogether
630.720 litres of illicit foreign liquor were recovered from a
truck.
4. Learned counsel for the petitioner has submitted
that petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
nothing has been recovered from the conscious possession of
Patna High Court CR. MISC. No.22753 of 2026(2) dt.08-05-2026
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the petitioner. It is further submitted that the witnesses to the
seizure list are police personnel and that the mandatory
provisions of Section 105 of the BNSS were not complied with
at the time of seizure. Learned counsel further submits that the
petitioner is merely the owner of the truck and had entrusted the
vehicle to a transporter. The driver of the seized truck was
operating the vehicle under the instructions of the transporter,
and the petitioner had no knowledge of the alleged
transportation of illicit liquor. It is also submitted that the
petitioner has no criminal antecedent.
5. Learned APP has vehemently opposed the prayer
for bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Excise Jagdishpur P.S. Case no.10 of 2026,
he will be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Court No. II, Bhojpur at Ara, subject to the conditions as
Patna High Court CR. MISC. No.22753 of 2026(2) dt.08-05-2026
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laid down under section 438(2) of the Cr.P.C/ Section 482 (2) of
the BNSS.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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