Patna High Court
Munna KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
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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