Patna High Court
Munna Kumar SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Munna Kumar Sah was arrested in connection with the seizure of 14.535 litres of illicit foreign liquor from an orchard in Maker, Saran. He contended that he was merely present at the scene, that no liquor was recovered from his possession, and that the police failed to comply with Section 105 of the Bihar Narcotic and Smuggling (B.N.S.S.) Act during the seizure. The State opposed bail, citing a prior criminal case against the petitioner. After hearing both sides, the Patna High Court found merit in the petitioner's claim of lack of direct involvement and procedural lapses, and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Excise Court.
Issues considered
- Whether regular bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure complied with the procedural requirements of Section 105 of the B.N.S.S. Act.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- B.N.S.S. Act — s. 105
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- Section 30
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26884 of 2026
Arising Out of PS. Case No.-67 Year-2026 Thana- MAKER District- Saran
======================================================
Munna Kumar Sah Son of Satyanarayan Sah Resident of Village- Mali Tola,
Pir Maker, P.S.- Maker,District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 30 (a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short is that from
the orchard of one Baleshwar Rai, altogether 14.535 liters of
illicit foreign liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Nothing has been recovered
from his possession. The recovery was made from an open place
and as the petitioner was standing there, he has been framed in
this case. He has no concern with the alleged recovery. It has
Patna High Court CR. MISC. No.26884 of 2026(2) dt.23-04-2026
2/2
further been submitted that the witnesses of the seizure list are
police personnel. Police has not complied Section 105 of the
B.N.S.S. while making the seizure. Petitioner is languishing in
judicial custody since 04.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having criminal antecedent of one
case.
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 released on bail in connection with
Maker P.S. Case No. 67 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned 3rd Exclusive Special Excise
Court, Saran at Chapra.
(Ashok Kumar Pandey, J)
lata/-
U T
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