Patna High Court
Monu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Monu Kumar, applied for bail in a case where police claimed to have recovered 405 litres of Nepali country-made liquor from his hutment, alleging an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that no liquor was found in his possession, that he was falsely implicated, and that the seizure violated Section 105 of the BNSS because police did not follow proper procedure. He also highlighted his clean criminal record and that he had been in judicial custody since 10 March 2026. The State opposed the bail. After hearing both sides, the court found merit in the petitioner's arguments and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court No.2, Sitamarhi.
Issues considered
- Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS during seizure warrants bail.
- Whether the petitioner poses a flight risk or risk of tampering with evidence.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 105
- illegal liquor
- procedural lapse
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26688 of 2026
Arising Out of PS. Case No.-55 Year-2026 Thana- BAJPATTI District- Sitamarhi
======================================================
Monu Kumar S/o Ganesh Mandal R/o Village - Sandwara, P.S.- Bajpatti, Dist.
- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Bajpatti P.S. Case No.55 of 2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act.
3. The case of the prosecution, in short, is that from
the hutment of this petitioner altogether 405 liter of nepali
country made liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of the petitioner. He has falsely been implicated
in this case. Learned counsel for the petitioner has further
submitted that the witnesses of the seizure list are police
Patna High Court CR. MISC. No.26688 of 2026(2) dt.22-04-2026
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personnel and police have not complied Section 105 of the
BNSS while making seizure. It has further been submitted that
petitioner is having no criminal antecedent and he is in judicial
custody since 10.03.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Exclusive Special Excise Court no.2, Sitamarhi in connection
with Bajpatti P.S. Case No.55 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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