Patna High Court
Namuna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Bail was granted subject to surrender within four weeks, a bail bond of ₹30,000, and compliance with conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
Namuna Kumar was apprehended for alleged possession of 84 litres of beer in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner claimed innocence, arguing that the recovered beer was found in the open waters of the Ganga River and not in his possession, and highlighted his clean antecedent. The State opposed bail, contending the seriousness of the offence despite the petitioner’s clean record. The Court considered the facts, the statutory provisions on bail, and the petitioner’s antecedents, and ordered that bail be granted if the petitioner surrenders within four weeks, furnishes a bail bond of ₹30,000, and complies with conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023. The order was pronounced by Justice Dr. Anshuman.
Issues considered
- Whether the petitioner is entitled to bail in the case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
Subjects
- bail
- excise
- prohibition
- criminal procedure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26923 of 2026
Arising Out of PS. Case No.-280 Year-2026 Thana- SONEPUR District- Saran
======================================================
Namuna Kumar S/o Manoj Kumar Rai @ Dara Ray R/o Pahaleja - Shahpur
Diyara, P.S. - Sonpur, Dist. - Saran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ganesh Prasad Singh, Advocate
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 22-04-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Sonpur P.S. Case No. 280 of 2026 registered on 18.03.2026
for the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per prosecution, total recovery of 84 liters beer,
is the subject matter of the present case.
4. It is submitted by the learned counsel for the
petitioner that the petitioner is innocent and has committed no
offence. The alleged recovery has not been made from the
possession of the petitioner rather it has been shown from the
bank of the Ganga River which is an open place and does not
belong to the petitioner. The petitioner has a clean criminal
Patna High Court CR. MISC. No.26923 of 2026(2) dt.22-04-2026
2/2
antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the antecedent of the
petitioner is clean.
6. In the facts and circumstances, let the above named
petitioner be released on bail, in the event of arrest or surrender
before the Trial Court within a period of four weeks from today,
on furnishing bail bond of ₹30000/- (thirty thousand) as
mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 to the satisfaction of the Exclusive Special Judge,
Excise-II, Saran at Chapra, in connection with the aforesaid
case, subject to the conditions as laid down under Section
482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J)
Ashwini/-
U T
Checking your session…