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Patna High Court

Munna KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner, subject to a bond of Rs. 10,000 and two sureties.

Summary

Munna Kumar was arrested in connection with Excise P.S. Case No. 334 of 2026 for alleged possession of 90 litres of illicit Nepali liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely a pillion rider, that no liquor was found on his person, and that the police failed to comply with Section 105 of the BNSS while making the seizure. The State opposed bail, arguing the seriousness of the offence. After hearing both sides, the Patna High Court held that the petitioner was entitled to bail, directing him to furnish a bail bond of Rs. 10,000 with two sureties. The order thus granted bail pending further trial in the Exclusive Special Excise Court.

Issues considered

  • Whether the petitioner is entitled to bail despite the alleged seizure of illicit liquor.
  • Whether the police complied with Section 105 of the BNSS during the seizure, affecting the bail consideration.
  • Whether the petitioner’s status as a pillion rider negates criminal liability under Section 30(a).

Legislation cited

Subjects

  • bail
  • excise offence
  • illegal liquor
  • seizure procedure
  • Section 105
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28189 of 2026
                   Arising Out of PS. Case No.-334 Year-2026 Thana- Excise P.S. District- East Champaran
                 ======================================================
                 Munna Kumar S/o Chandrika Mandal R/o Village - Parsauni Kapoor, P.S -
                 Patahi, District - East Champaran

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ranjana Srivastava, Advocate
                 For the Opposite Party/s :         Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   04-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Excise P.S. Case No. 334 of 2026 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 a

                   bike altogether 90 liters of illicit Nepali country-made liquor

                   was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. Learned counsel for the petitioner also submits that the

                   petitioner is the pillion in the said bike. He also submits that
           Patna High Court CR. MISC. No.28189 of 2026(2) dt.04-05-2026
                                                       2/2




                     nothing has been recovered from the possession of the

                     petitioner. The witnesses of the seizure list are police personnel

                     and the police has not complied with Section 105 of the BNSS

                     while making the seizure. Moreover, a statement has been made

                     in para 3 of the petition that petitioner has no criminal

                     antecedent and he is languishing in judicial custody since

                     03.02.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  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 enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned

                     Exclusive Special Excise Court No.II, East Champaran at

                     Motihari in connection with Excise P.S. Case No. 334 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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