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Patna High Court

Munchun RaiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

In the absence of material evidence against the petitioner and reliance solely on a co‑accused’s statement, anticipatory bail is warranted subject to statutory conditions.

Summary

The petitioner, Munchun Rai, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged sale of 70 litres of illicit liquor recovered from a roadside bag. The prosecution’s case rested solely on a co‑accused’s disclosure that the liquor belonged to the petitioner and two others, with no material seized from the petitioner’s possession. The petitioner argued that he was falsely implicated, had no connection with the other accused, and possessed only a prior conviction unrelated to the Excise Act. The State opposed the bail. Considering the lack of direct evidence against the petitioner and the nature of the allegation, the Court granted anticipatory bail subject to surrender within six weeks, a cash bond of Rs 10,000 and two sureties, and compliance with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether a co‑accused’s disclosure statement alone suffices to justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • co‑accused statement
  • Section 482(2)
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28445 of 2026
                      Arising Out of PS. Case No.-107 Year-2026 Thana- PATLIPUTRA District- Patna
                 ======================================================
                 Munchun Rai S/o Late Ramdev Rai, Resident of Mainpura Sati Asthan, PS-
                 Patliputra, District- Patna.
                                                                         ... ... Petitioner/s
                                               Versus
                 The State of Bihar.                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Akhauri Kamal Kishore Sahay, Advocate.
                 For the Opposite Party/s :       Mr. Arun Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   06-05-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Patliputra P.S. Case No.107 of 2026 instituted under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, there is recovery of 70

                   liters of illicit liquor which was kept in bag (bora) beside the road.

                   It is alleged that apprehended co-accused had disclosed that the

                   said liquor belong to co-accused Manish Sao and petitioner and all

                   three of them were engaged in the sale and purchase of liquor.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this case

                   only on the basis of disclosure statement made by the co-accused.

                   He further submits that the petitioner has no connection with the

                   other co-accused persons of this case and with the ulterior motive,

                   the name of petitioner has been implicated in this case. Learned
              Patna High Court CR. MISC. No.28445 of 2026(3) dt.06-05-2026
                                                          2/2




                        counsel submits that except the disclosure statement of the co-

                        accused, there is no material against the petitioner and no

                        incriminating article has been recovered from his conscious

                        possession. He further submits that petitioner has one criminal

                        antecedent but the same does not belongs to Excise Act and he

                        undertakes to cooperate in the investigation and trial of the case.

                                     5. Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail.

                                     6. Considering the facts and circumstances of the case,

                        submissions of learned counsel for the parties and the nature of

                        allegation leveled against the petitioner, in the event of arrest or

                        surrender before the Court below within six weeks from today, the

                        petitioner be released on bail upon furnishing bail bonds of

                        Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                        amount to each to the satisfaction of the learned Special Judge,

                        Excise I, Patna/ concerned Court in connection with Patliputra

                        P.S. Case No.107 of 2026, subject to the conditions laid down in

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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