Patna High Court
Munna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioners with conditions, finding no sufficient grounds to deny bail.
Summary
The petitioners, Munna Kumar and Ravi Kumar, were arrested after a police seizure of 320 litres of illicit country-made liquor from a Hyundai vehicle, although they were found riding a motorcycle that did not belong to them. They applied for regular bail under Section 30(a) of the Bihar Prohibition and Excise Act, contending that the search and seizure violated Section 105 of the B.N.S.S and that the vehicle seized was not theirs. The State opposed the bail, arguing that both petitioners were actively involved in liquor trafficking and that petitioner No.2 had three similar pending cases. After hearing both sides, the Court noted the lack of direct evidence linking the petitioners to the seized liquor and the absence of prior criminal record for petitioner No.1, while imposing a condition on petitioner No.2. The Court granted bail on a bond of Rs.10,000 with two sureties, subject to cancellation if petitioner No.2 commits a similar offence in the future.
Issues considered
- Whether the petitioners are entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the search and seizure of the liquor contravened Section 105 of the B.N.S.S.
- Whether the petitioners' prior criminal antecedents justify denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- illicit liquor
- search and seizure
- Section 105 B.N.S.S.
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27726 of 2026
Arising Out of PS. Case No.-85 Year-2026 Thana- GAURICHAK District- Patna
======================================================
1. Munna Kumar S/O Rajeshwar Prasad Resident of Village- Aachhechak
Chipura, P.S. Parsa Bazar, District- Patna
2. Ravi Kumar S/O Suresh Prasad Village- Badaroe, P.S.- Lahsuna, Dist.-
Patna.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheonandan Pandit, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad. APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioners and learned
A.P.P for the State.
2. The petitioners have preferred this application for
grant of regular bail in connection with Gaurichak P.S. Case No.
85 of 2026 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the allegation, petitioners were apprehended
from a motorcycle and in turn confessed that they work as liners
and illicit liquor was coming from behind in a Hyundai vehicle,
that Hyundai vehicle was intercepted and altogether 320 litres of
illicit country-made liquor was recovered from the said car.
4. Learned counsel for the petitioners has submitted
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that petitioners were found driving the motorcycle but from the
motorcycle there is no recovery, the motorcycle and the
Hyundai Car do not belong to the petitioners. It has further been
submitted that the search and seizure is in violation of Section
105 of B.N.S.S. It has further been submitted that petitioner
No.1 has got no criminal antecedent while petitioner No.2 was
accused in three other cases which are of similar nature and the
petitioners are in custody since 04.02.2026.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioners and has submitted that the
petitioners are actively involved in the trade of liquor and
petitioner No.2 was made accused in three other criminal cases
of similar nature.
6. Heard the parties and perused the records.
7. Considering the aforesaid facts and circumstances
of the case, the petitioners above-named are directed to be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Court concerned,
Patna City, in connection with Gaurichak P.S. Case No. 85 of
2026, with a condition:-
(i) It is made clear that if the petitioner No.2 gets
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involved himself in similar nature of offence in future, the
prosecution would be at liberty to file appropriate application
for cancellation of his bail bonds.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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