Patna High Court
Munna KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court ordered that both petitioners be released on bail.
Summary
The petitioners, Munna Kumar (a driver) and Prasant Kumar (a passenger), were charged under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged seizure of 117 litres of illicit foreign liquor from a XUV‑500. They contended that they had no possession of the liquor, that the seizure was effected without compliance with Section 105 of the BNSS, and that they were falsely implicated, having been in judicial custody since 9 March 2026. The State opposed bail, highlighting that Munna Kumar had two prior criminal records while Prasant Kumar had none. After hearing both sides, the Court found the procedural lapse and lack of direct evidence against the petitioners sufficient to justify bail. Accordingly, each petitioner was ordered to be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court.
Issues considered
- Whether bail should be granted to persons accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether non‑compliance with Section 105 of the BNSS during seizure warrants bail.
- Whether the petitioners' criminal antecedents affect the bail decision.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise offence
- illicit liquor
- procedural lapse
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29852 of 2026
Arising Out of PS. Case No.-49 Year-2026 Thana- Excise P.S. District- Bhojpur
======================================================
1. Munna Kumar S/O Arun Mahto (Driver) R/O Malpur Ward no. 3, P.S.-
Tajpur, Halai O.P., Dist.- Samastipur.
2. Prasant Kumar @ Prashant Kumar S/O Raju Mahto @ Raj Mahto R/O
Jatmalpur ,Ward no. 7, P.s.- Kalyanpur, Dist.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Excise Ara P.S. Case No. 49 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
XUV-500 car, altogether 117 liters of illicit foreign liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. He also submits that nothing has been recovered from the
Patna High Court CR. MISC. No.29852 of 2026(2) dt.07-05-2026
2/2
possession of the petitioners. 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. He further submits that
petitioner no. 1 is the driver of the said car, whereas petitioner no.
2 has taken lift. Moreover, the petitioners are languishing in
judicial custody since 09.03.2026.
5. The application for bail is opposed by learned APP
for the State and submits that petitioner no. 1 has got 2 criminal
antecedent whereas petitioner no. 2 has no criminal antecedent.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Excise Court No.II, Bhojpur at Ara in
connection with Excise Ara P.S. Case No. 49 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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