Patna High Court
Munshi Ray @ Munshi Lal RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court held that bail may be granted to Munshi Ray subject to payment of Rs 1,00,000 and a bail bond of Rs 30,000 under the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners Munshi Ray and Dinesh Sahni were implicated in a case concerning the seizure of 1,144.44 litres of Indian Made Foreign Liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. Dinesh Sahni was arrested while the bail application was pending, rendering his part of the application infructuous. Munshi Ray contended that the liquor was recovered from a pond not belonging to him and that he has a clean criminal record. The State opposed bail, citing the seriousness of the offence. The High Court, applying Section 2(1)(d) and Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, ordered that Munshi Ray be released on bail upon payment of Rs 1,00,000 and furnishing a bail bond of Rs 30,000, subject to further conditions.
Issues considered
- Whether bail should be granted to Munshi Ray in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the arrest of Dinesh Sahni renders his bail application infructuous.
- Whether the recovery of liquor from a pond not owned by the petitioner justifies the accusation.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 2(1)(d), 482(2)
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- criminal procedure
- Section 30(a)
- Bharatiya Nagrik Suraksha Sanhita
- clean antecedent
- infructuous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26927 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- TISIAUTA District- Vaishali
======================================================
1. Munshi Ray @ Munshi Lal Ray S/o Harendra Rai @ Harendra Ray Resident
of village- Lakshmi Narayanpur/ Lakshmipur, Singhara Bujurg, P.S-
Tisiauta, District - Vaishali
2. Dinesh Sahni S/o Ram Sharan Sahni R/o Village - Govindpur / Govindpur
Singhara, P.S - Mahua, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Singh, Advocate
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 22-04-2026 Initially, learned counsel for the petitioner submits
that petitioner no. 2, namely, Dinesh Sahni, has been arrested
during the pendency of the present application.
2. Accordingly, the present application, in so far as it
relates to petitioner no. 2, stands dismissed as having become
infructuous.
3. Heard learned Counsel for the petitioner and
learned APP for the State.
4. Petitioner No.1 Munshi Rai @ Munshi Lal Ray is
apprehending arrest in connection with Tisiauta P.S. Case No.
08 of 2026 registered on 09.01.2026 for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise
Patna High Court CR. MISC. No.26927 of 2026(2) dt.22-04-2026
2/3
(Amendment) Act, 2022.
5. As per prosecution, total recovery of 1144.440
liters Indian Made Foreign Liquor is the subject matter of the
present case.
6. 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 made near a pond
which does not belong to the petitioner but the petitioner has
been made accused in he present case maliciously. The
petitioner has a clean criminal antecedent.
7. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the antecedent of the
petitioner is clean.
8. In the facts and circumstances, let petitioner no. 1,
namely, Munshi Rai @ Munshi Lal Ray, be released on bail,
subject to payment of Rs. 1,00,000/- (Rupees One Lac Only)
before the learned Trial Court which shall be outcome of the
present case, 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
Patna High Court CR. MISC. No.26927 of 2026(2) dt.22-04-2026
3/3
satisfaction of the Exclusive Special Judge, Excise-II, Vaishali
at Hajipur, 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
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