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Patna High Court

Munna YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties, and specified conditions.

Summary

Munna Yadav was arrested on 6 April 2026 in connection with a case involving the seizure of 112.68 litres of foreign liquor, alleged to violate Sections 30(a) and 41 of the Bihar Prohibition & Excise Amendment Act, 2022. He filed a bail petition claiming innocence, alleging that the FIR was fabricated and that the seizure list violated Sections 103 and 105 of the BNSS, 2023. The State opposed bail, noting three other pending cases, though Yadav was already on bail in those matters. The High Court, noting the procedural non‑compliance with the BNSS provisions, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding court attendance, evidence tampering, and verification of criminal antecedents. The order directed that the bail bond be accepted without delay for verification purposes.

Issues considered

  • Whether bail should be granted to the petitioner for alleged offences under Sections 30(a) and 41 of the Bihar Prohibition & Excise Amendment Act, 2022.
  • Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023 justifies granting bail.
  • Whether the existence of other pending criminal cases impacts the grant of bail in the present matter.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • foreign liquor seizure
  • procedural compliance
  • BNSS 2023
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29839 of 2026
                  Arising Out of PS. Case No.-58 Year-2026 Thana- BUXAR INDUSTRIAL District- Buxar
                 ======================================================
                 Munna Yadav S/o Ramdev Yadav R/o Village - Majhariya, P.S - Buxar (Ind.),
                 District - Buxar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Dr. Kamal Deo Sharma, Advocate
                 For the State           :       Mr. Tapeshwar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   05-05-2026                      Heard Dr. Kamal Deo Sharma, learned counsel for

                   the petitioner and Mr. Tapeshwar Sharma, learned APP for the

                   State.

                                 2. Petitioner seeks bail, who is in custody since

                   06.04.2026, in connection with Buxar (Industrial) P.S. Case No.

                   58 of 2026, F.I.R. dated 05.04.2026 registered for the offences

                   punishable under Sections 30(a), 41 of the Bihar Prohibition &

                   Excise Amendment Act, 2022.

                                 3. Recovery is of 112.68 litres of foreign liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that the allegation as alleged in

                   the F.I.R. is false and fabricated and the petitioner has not

                   committed any offence as alleged in the F.I.R. It appears from
Patna High Court CR. MISC. No.29839 of 2026(2) dt.05-05-2026
                                            2/3




          the seizure list that seizure list witnesses are police personnel so

          there is non-compliance of Sections 103 and 105 of BNSS, 2023

          and the petitioner is in custody since 06.04.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for              bail of the

          petitioner and submits that the petitioner carries three more

          cases other than the present one but fairly submits on the basis

          of paragraph-3 of the bail petition that the petitioner is on bail in

          the pending matters.

                       6. Considering the facts and circumstances of the case

          and the fact that there is non-compliance of Sections 103 and

          105 of the BNSS, 2023, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of learned Exclusive Special Judge, Excise Court

          No. 1, Buxar in connection with Buxar (Industrial) P.S. Case

          No. 58 of 2026, subject to the following conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.
               Patna High Court CR. MISC. No.29839 of 2026(2) dt.05-05-2026
                                                           3/3




                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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