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Patna High Court

Munna Kumar SahversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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