Patna High Court
Munna YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNSS, 2023 — s. 103, 105
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
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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
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(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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