Patna High Court

Munna kumarversusThe State of bihar

Decided: 20 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court held that bail should be granted to the petitioner subject to a cash bond, sureties and specific conditions.

Summary

Munna Kumar was arrested in connection with the recovery of 42 litres of illicit liquor and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail application. The Court, after considering the facts and submissions, granted bail on the condition of a cash bond of Rs.10,000 with two sureties of the same amount, the charitable donation, and mandatory weekly police station attendance. The order expressly limited its observations to the bail application and did not prejudice the merits of the trial. The petitioner was directed to produce the receipt of the donation for verification.

Issues considered

Whether the petitioner is entitled to bail despite the nature of the offence under the Bihar Prohibition and Excise Act.
Whether the conditions imposed by the Court, including a charitable donation and weekly police attendance, are lawful and reasonable.

Subjects

bail
illicit liquor
excise law
Bihar Prohibition and Excise Act
criminal procedure
surety
charitable donation condition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26038 of 2026
                         Arising Out of PS. Case No.-21 Year-2026 Thana- Excise P.S. District- Saran
                 ======================================================
                 Munna kumar S/O Late Biteshwar Singh R/O Village- Dumri Adda, P.s-
                 Doriganj, District- Saran at Chapra

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :         Mr.Chandra Mohan Jha, Advocate
                 For the State             :         Mr.Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   20-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Sadar

                   Excise P.S. Case No. 21 of 2026 registered for the offence

                   punishable under Sections 30(a) and 32(3) of the Bihar

                   Prohibition and Excise Act.

                                 3. As per the prosecution case, there is recovery of 42

                   litres of illicit liquor.

                                 4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has falsely been

                   implicated in this case. The petitioner is in custody since

                   30.01.2026.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable
Patna High Court CR. MISC. No.26038 of 2026(2) dt.20-04-2026
                                            2/3




          organization without accepting his guilt.

                       6. Learned APP appearing for the State opposes the

          prayer for bail of the petitioner.

                       7. Considering the facts and circumstances of the case

          and submissions of learned counsel for the petitioner, let the

          petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned Exclusive

          Special Excise Court No. 03, Saran at Chapra/concerned Court

          below in connection with Sadar Excise P.S. Case No. 21 of

          2026.

                       8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Mission Ashrama, Latu Maharaj Path, Opp.

          Circuit House, Chapra, Bihar and produce the receipt of the

          same before the Court below. The bail bonds of the petitioner

          shall be accepted after verifying the genuineness of the receipt

          produced by the petitioner.

                       9. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at

          Doriganj Police Station, District- Saran at Chapra on every

          Sunday of the month. Any default in appearance at the police
           Patna High Court CR. MISC. No.26038 of 2026(2) dt.20-04-2026
                                                       3/3




                     station will result in cancellation of bail bonds of the petitioner.

                                  10. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T

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