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Patna High Court

Monu Kumar PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the petitioner's application for regular bail, subject to specified conditions.

Summary

Monu Kumar Pandey was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for allegedly possessing 345.6 litres of English liquor. The petitioner claimed he was falsely implicated, asserting that the liquor belonged to another individual named Prince Kumar, whose mobile number was recorded in the FIR. He highlighted his clean antecedent, his custody since 19‑01‑2026, and offered to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail application, but the High Court, after considering the circumstances, granted regular bail subject to a Rs.10,000 bail bond with two sureties, verification of his clean antecedent, and the deposit of Rs.25,000 in the specified charitable institution. The Court also directed that the main accused, Prince Kumar, be arrested and that the lower court verify the conditions before releasing the petitioner.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 despite the seriousness of the alleged offence.

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • possession of liquor
  • criminal procedure
  • clean antecedent
  • charitable donation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23627 of 2026
                         Arising Out of PS. Case No.-10 Year-2026 Thana- Geedha District- Bhojpur
                 ======================================================
                 Monu Kumar Pandey Son of Ratan Pandey R/o Village - Rajapur, P.O. and
                 P.S. - Basantpur, Dist. - Siwan(Bihar), 841406.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Roushan Kumar, Advocate
                 For the Opposite Party/s :        Mr.Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-04-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Gidha

                   P.S. Case No. 10/2026 registered for the offences punishable

                   under Section 30(a) of Bihar Prohibition and Excise Act, 2022

                                3. As per the prosecution case, 345.6 litres of English

                   Liquor was recovered from the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel further contends that the liquor in

                   question belongs to one Prince Kumar whose mobile number

                   has been given in the FIR. Petitioner has clean antecedent and

                   he is in custody since 19.01.2026. The petitioner undertakes to

                   co-operate in the case/ trial.
Patna High Court CR. MISC. No.23627 of 2026(2) dt.15-04-2026
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                       5. Learned counsel for the petitioner also submits that

          the petitioner is ready to donate Rs.25,000/- in some charitable

          organization without accepting his guilt

                       6. Learned APP for the State has opposed the prayer

          for regular bail of the petitioner.

                       7. Considering the facts and circumstances of the

          case, this application for regular bail is allowed and the I.O. of

          the case will arrest the main accused Prince Kumar and inform

          this Court by filing a report through Mr. Jharkhandi Upadhyaya,

          learned APP for the State.

                       8. Accordingly, 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 Special Judge Excise- 02, Bhojpur

          /concerned Court below in connection with Gidha P.S. Case No.

          10/2026.

                       9. At the time of accepting the bail bonds of the

          petitioner, the Court below shall verify the statement of the

          petitioner that he has clean antecedent. The bail bonds of the

          petitioner shall only be accepted if it is found that he has clean

          antecedent.

                       10. This is also subject to the condition that the
              Patna High Court CR. MISC. No.23627 of 2026(2) dt.15-04-2026
                                                          3/3




                        petitioner shall deposit an amount of Rs.25,000/- in Ramkrishna

                        Mission Ashrama, Latu Maharaj Path, Opp. Circuit House,

                        Chapra and produce the receipt of the same before the Court

                        below. The bail bonds of the petitioner shall be accepted after

                        verifying the genuineness of the receipt produced by the

                        petitioner.

                                      11. List this case after six weeks under heading ‘For

                        Orders’.

                                      12. Let a copy of this order be communicated through

                        FAX or e-mail to the Superintendent of Police, Siwan for its

                        compliance.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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