Patna High Court
Monu Kumar @ Monu Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner is entitled to bail.
Summary
Monu Kumar was arrested in connection with a case involving the recovery of 353.5 litres of illicit liquor and charged under Sections 30(a) and 38(i) of the Bihar Prohibition and Excise Act, 2018. He has been in custody since 13 November 2025. The petitioner argued that he was falsely implicated, relying solely on the statement of co‑accused Sunil Kumar Sah, and that no liquor was recovered from his possession. The court noted his clean antecedent and the lack of direct evidence against him. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of his criminal antecedent without delaying the release.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under the Bihar Prohibition and Excise Act, 2018
- Whether reliance solely on a co‑accused's statement justifies continued detention
- Whether the petitioner's clean antecedent warrants the grant of bail
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- false implication
- co‑accused testimony
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24182 of 2026
Arising Out of PS. Case No.-426 Year-2020 Thana- FORBESGANJ District- Araria
======================================================
Monu Kumar @ Monu Kumar Sah S/O Parmeshwar Sah R/O - Thumha,
Ward No.- 9, P.s- Pipra, Disrict- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dheeraj Kumar, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-04-2026 Heard Mr. Dheeraj Kumar, learned counsel for the
petitioner and Mr. Pradeep Narain Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
13.11.2025 in connection with Forbesganj (Simraha) P.S. Case
No. 426 of 2020, F.I.R. dated 03.06.2020 for the offences
punishable under Section 30(a), 38(i) of the Bihar Prohibition
and Excise Act, 2018.
3. Recovery is of 353.500 liters of illicit liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The petitioner has been made
accused merely on the basis of disclosure made by apprehended
co-accused person, namely, Sunil Kumar Sah and he stated that
Patna High Court CR. MISC. No.24182 of 2026(2) dt.15-04-2026
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he along with the petitioner had fled away from the place of
occurrence. It appears from the FIR that nothing has been
recovered from conscious possession of the petitioner rather the
recovery has been made from vehicle in question and petitioner
has no concern at all with the alleged recovery of liquor or the
vehicle in question and said Sunil Kumar Sah has been granted
the privilege of bail by the co-ordinate Bench of this Court vide
order dated 10.12.2020 in Cr. Misc. No. 26260 of 2020. He
further submits that the police after investigation submitted the
charge sheet against the petitioner. The petitioner is in custody
since 13.11.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and petitioner has been made
accused merely on the basis of disclosure made by apprehended
co-accused person, let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Judge Excise, court No.1, Araria
in connection with Forbesganj (Simraha) P.S. Case No. 426 of
2020, subject to the following conditions:-
Patna High Court CR. MISC. No.24182 of 2026(2) dt.15-04-2026
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i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Suruchi/-
U T
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