Patna High Court
Munshi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioners subject to specified conditions.
Summary
Munshi Kumar and Golu Kumar were arrested on 12 March 2026 in connection with an FIR under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act for the alleged recovery of 218.600 litres of foreign liquor from a vehicle. The petitioners claimed they had clean antecedents, were falsely implicated, and that the liquor was seized from the vehicle, not from their personal possession. They also highlighted non‑compliance of Sections 103 and 105 of the BNSS, 2023 in the seizure process. The State opposed bail, but the Court, noting the petitioners’ clean record and procedural lapses, granted bail on a bond of Rs 10,000 each with two sureties, subject to conditions of cooperation, presence in court, and no tampering with evidence. The order also directed verification of criminal antecedents and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act in the present circumstances.
- Whether the alleged non‑compliance of Sections 103 and 105 of BNSS, 2023 warrants the grant of bail.
- Whether the fact that the liquor was recovered from a vehicle rather than from the petitioners’ personal possession affects the bail decision.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise
- foreign liquor
- false implication
- clean antecedents
- BNSS 2023
- procedural lapse
- Bihar Prohibition & Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23677 of 2026
Arising Out of PS. Case No.-292 Year-2026 Thana- Excise P.S. District- Kishanganj
======================================================
1. Munshi Kumar S/O Kishunlal Ray R/O Village-Raghunathpur, Ward no. 13,
PS- Halai, District- Samastipur
2. Golu Kumar S/O Balbir Yadav R/O Village- Rajajan Ward no. 02, PS-
Mansi, Distt-Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-04-2026 Heard Mr. Ram Prawesh Kumar, learned counsel for
the petitioners and Mr. Dr. Kumar Uday Pratap, learned APP for
the State.
2. Petitioners seek bail, who are in custody since
12.03.2026, in connection with Madya Nisedh P.S. Case No. 292
of 2026 giving rise to Special Case no. 295 of 2026, F.I.R. dated
12.03.2026 registered for the offences punishable under Sections
30(a) and 32(3) of the Bihar Prohibition & Excise Act.
3. Recovery is of 218.600 litres of foreign liquor.
4. Learned counsel for the petitioners submits that the
petitioners have clean antecedents and they have been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
Patna High Court CR. MISC. No.23677 of 2026(2) dt.08-04-2026
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petitioners have not committed any offence as alleged in the F.I.R.
He further submits that from perusal of the F.I.R. it appears that
nothing has been recovered from the conscious possession of the
petitioners rather recovery has been made from the vehicle in
question and altogether 218.600 litres of foreign liquor was
recovered from the vehicle in question. He further submits that
from perusal of the seizure list it appears that there is non-
compliance of Sections 103 and 105 of BNSS, 2023 and the
petitioners are in custody since 12.03.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioners.
6. Considering the facts and circumstances of the case
and the fact that the petitioners having clean antecedents and there
is non-compliance of Sections 103 and 105 of the BNSS, 2023, let
the petitioners, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge Excise-II, Kishanganj in connection with
Madya Nisedh P.S. Case No. 292 of 2026 giving rise to Special
Case no. 295 of 2026, subject to the following conditions :-
(1) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
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and shall remain physically present as directed by the Court and on
their absence on two consecutive dates without sufficient reason,
their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at any
stage, it is found that the petitioners have concealed their criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioners. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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