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Patna High Court

Munna YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                        3/3




                      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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