Patna High Court
Munna Kumar @ Munna YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted because the alleged recovery was not from the petitioner's conscious possession.
Summary
Munna Kumar (also known as Munna Yadav) was arrested in connection with a case under Section 30(a) of the Excise Act for allegedly transporting 315 litres of country-made Mahua liquor on a motorcycle. The petitioner contended that the liquor was not in his conscious possession and that he had been in custody since 18 February 2026. The State opposed bail, arguing the seriousness of the offence. The Court observed that the recovery was not from the petitioner's conscious possession and, considering his custody duration, inclined to grant bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the Exclusive Special Excise Court-2, Nawada.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Excise Act when the alleged contraband was not in his conscious possession
- Whether the duration of custody and nature of the offence justify denial of bail
Legislation cited
- Excise Act — s. 30(a)
Subjects
- bail
- Excise Act
- possession
- Mahua liquor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23328 of 2026
Arising out of PS. Case No.-610 Year-2024 Thana- RAJAOLI District- Nawada
======================================================
Munna Kumar @ Munna Yadav S/o- Umesh Yadav @ Umesh Prasad Village-
Pahwachak PS-Rajauli Distt- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Adv.
For the Opposite Party/s : Mr. Renuka Ratnakar, APP 125
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
4 19-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Rajauli P.S. Case No.
610 of 2024 registered for offences under Section 30(a) of the
Excise Act.
3. The allegation is that 315 litres country made
Mahua liquor was recovered from the sacks tied on motorcycle
and petitioner is said to be the rider of the said motorcycle.
4. Learned counsel for the petitioner submits that the
alleged recovery was not made from the conscious possession of
the petitioner and the petitioner is in custody since 18.02.2026.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering that the alleged recovery was not made
Patna High Court CR. MISC. No.23328 of 2026(4) dt.19-05-2026
2/2
from the conscious possession of the petitioner and the
petitioner is in custody since 18.02.2026, this Court is inclined
to grant bail to the petitioner.
7. Let the petitioner, above named, be released
on bail on furnishing bail bonds of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to
the satisfaction of the learned Exclusive Special
Excise Court-2, Nawada, in connection with Rajauli
P.S. Case No. 610 of 2024.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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