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Patna High Court

Chunmun KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

Chunmun Kumar sought anticipatory bail after being implicated in a case under Sections 30(a) and 44 of the Bihar Prohibition and Excise Act, 2018, alleging recovery of 2.7 litres of liquor from his possession. The petitioner claimed he was falsely implicated, citing his prior cases and asserting that no liquor was actually recovered from him. The State opposed the bail, stating that specific allegations and his apprehension at a check‑post justified denial of bail. The court examined the submissions and found no merit to grant anticipatory bail, emphasizing the seriousness of the excise offences. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Sections 30(a) and 44 of the Bihar Prohibition and Excise Act, 2018.

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • false implication
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25828 of 2026
                   Arising Out of PS. Case No.-1 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Chunmun Kumar Son of Late Doma Chaudhary Resident of Village- Hathani,
                 P.S.- Dharmpura, District- Rohtas
                                                                       ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Shivam Aniket, Advocate
                 For the Opposite Party/s :         Mr. Abhay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-04-2026                   1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a) and

                   44 of the Bihar Prohibition and Excise Act, 2018.

                                 3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases and allegation is of

                   recovery of 9.525 litres of liquor from Suryansh, 3.600 litres of

                   liquor from Himanshu and 2.700 litres of liquor from the

                   petitioner.

                                 4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant. It is further submitted that nothing was recovered

                   from possession of the petitioner and he came to be implicated

                   because of his antecedent.
           Patna High Court CR. MISC. No.25828 of 2026(2) dt.22-04-2026
                                                       2/2




                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioner and submits that there is

                     specific allegation against the petitioner that 2.700 litres of

                     liquor was recovered from his possession and he was

                     apprehended and thereafter he was kept at the check-post along

                     with other accused but in the mid-night they fled. It is further

                     submitted that if the privilege of anticipatory bail is granted to

                     the petitioner that would show a wrong signal.

                                  6. Considering the submissions made by the learned

                     A.P.P. for the State, the Court is not inclined to extend the

                     privilege of anticipatory bail to the petitioner in connection with

                     Excise (Bhabua) P.S. Case No. 01 of 2026 pending in the Court

                     of learned Special Excise Judge-II, Kaimur at Bhabua/Successor

                     Court.

                                  7. Hence, the prayer for anticipatory bail is rejected.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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