Patna High Court
Munarik YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner, finding the allegations doubtful and noting non‑recovery from his conscious possession.
Summary
Munarik Yadav was implicated in an excise case after 15 litres of illicit foreign liquor were recovered from a motorcycle registered in his name, which had been used by his nephew Srikant Kumar. The petitioner argued that he was not present at the seizure, no contraband was found on his person, and the police failed to follow mandatory provisions of the B.N.S.S., 2023. The State opposed the bail application, maintaining the charges under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The Court noted the lack of recovery from the petitioner’s conscious possession and the doubtful nature of the allegations. Consequently, the Court ordered that the petitioner be released on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. and further compliance requirements. The order effectively disposed of the petition for bail.
Issues considered
- Whether the petitioner, Munarik Yadav, is entitled to bail despite the seizure of illicit liquor from a vehicle registered in his name.
- Whether the police complied with the mandatory provisions of the B.N.S.S., 2023 in effecting the seizure.
- Whether the allegations against the petitioner are sufficient to justify denial of bail under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- excise
- illicit liquor
- seizure
- false implication
- vehicle ownership
- criminal procedure
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28685 of 2026
Arising Out of PS. Case No.-67 Year-2026 Thana- EXCISE SHERGHATI District- Gaya
======================================================
Munarik Yadav S/o Ramdev Yadav, Resident of village - Gaura, Koshila, PS -
Bodhgaya, District - Gaya.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Yogesh Kumar, Advocate
For the Opposite Party/s : Mr. Anant Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Excise Sherghati P.S.
Case No. 67 of 2026, dated 16.02.2026, registered for the
offences punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, co-accused nephew of
the informant was apprehended when his motorcycle was
signaled to stop for search and subsequently, recovery of 15
litres of illicit foreign liquor was made from a bag placed on
vehicle, from its dickey and from the jacket of the co-accused
Srikant Kumar. The name of the petitioner transpired in this case
as the owner of the vehicle.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.28685 of 2026(2) dt.30-04-2026
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the petitioner is innocent and has falsely been implicated in this
case. Petitioner has not been apprehended from the spot and
nothing incriminating has been recovered from his person or
possession. All the witnesses of seizure are Police personnel of
the raiding party and there is complete non-compliance of
mandatory provisions of B.N.S.S., 2023 regarding seizure.
Learned counsel further submits that the co-accused Srikant
Kumar is the nephew of this petitioner and he took the
motorcycle of the petitioner and used it to carry illicit liquor
without any knowledge of the petitioner. Petitioner has got no
criminal antecedent.
5. Learned APP opposes the submissions made on
behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that no recovery has been made from the conscious
possession of the petitioner and further considering doubtful
nature of allegation and the possibility of false accusation in the
background of the facts as discussed hereinabove, let the
petitioner, above-named, in the event of his arrest or surrender
before the Court concerned within a period of eight weeks from
today, be released on bail, on furnishing bail bonds of Rs.
Patna High Court CR. MISC. No.28685 of 2026(2) dt.30-04-2026
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10,000/- (Rupees Ten Thousand Only) with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Judge Excise, 3, Gaya, in connection with Excise Sherghati
P.S. Case No. 67 of 2026, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S. and other following
conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned trial Court.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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