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Patna High Court

Munshi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
               Patna High Court CR. MISC. No.23677 of 2026(2) dt.08-04-2026
                                                           3/3




                         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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