Patna High Court
Minku Jha @ Minku Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court held that the petitioner is entitled to regular bail in the present case.
Summary
The petitioner, Minku Jha, was implicated in a case under section 30(a) of the Bihar Prohibition and Excise Act, 2016, after 79.2 litres of Nepali liquor were seized from another accused. The petitioner claimed he was falsely implicated, was not arrested at the scene, and no incriminating material was found on him, though he had been in custody since 15 January 2026. The State opposed his bail application. The Court considered the lack of arrest at the spot, absence of seized articles, and the duration of custody, and decided to grant regular bail. The bail was conditioned on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Judge, East Champaran. The order was pronounced by Justice Partha Sarthy.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bihar Prohibition and Excise Act, 2016 given the facts of non‑arrest at the spot and lack of incriminating material.
- Whether the duration of pre‑trial custody justifies the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- regular bail
- Bihar Prohibition and Excise Act
- section 30(a)
- criminal procedure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24059 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- Pachpakdi District- East Champaran
======================================================
Minku Jha @ Minku Kumar Jha S/o Bhuvesh Jha @ Samendra Jha R/o
Village - Bhandar, P.S - Pachpadi @ Pachpakari, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shamir Mehra, Advocate
For the Opposite Party/s : Ms. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 16-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Pachpakari P.S. Case
no.7 of 2026 registered under section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
3. As per the prosecution case, while Prakash Awadhesh
Jha was arrested and 79.2 litres of nepali liquor was recovered,
the petitioner managed to escape.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case because of his
antecedents. Neither was he arrested at the spot nor any
incriminating article recovered from his possession. He is in
custody since 15.1.2026 and undertakes to cooperate in the
investigation/trial.
Patna High Court CR. MISC. No.24059 of 2026(2) dt.16-04-2026
2/2
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the
petitioner not having been arrested at the spot, no incriminating
article having been recovered from the petitioner’s possession
and the petitioner having remained in custody since 15.1.2026 ,
the Court directs the petitioner to be enlarged on bail in
connection with Pachpakari P.S. Case no.7 of 2026 on
furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Exclusive Special Excise Judge I, East Champaran,
Motihari.
(Partha Sarthy, J)
Saurabh/-
U T
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