Patna High Court
Monu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, finding that the circumstances warranted release on condition of a bond and sureties.
Summary
The petitioner, Monu Kumar, a driver of an ambulance, was arrested in connection with the seizure of 452.16 litres of illicit foreign liquor from the vehicle, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, was falsely implicated, and that the police failed to comply with Section 105 of the BNSS during the seizure. The State opposed his bail, arguing the seriousness of the offence. After hearing both sides, the Court found merit in the petitioner’s claim of lack of knowledge and procedural lapses, and ordered that he be released on bail. He was required to furnish a bail bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the Special Judge, Excise‑I, Buxar.
Issues considered
- Whether the driver of the ambulance can be granted bail despite the seizure of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure complied with the procedural requirements of Section 105 of the BNSS.
- Whether lack of knowledge of the contraband negates criminal liability for the petitioner.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- seizure
- driver liability
- Section 30(a)
- Section 105
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29868 of 2026
Arising Out of PS. Case No.-107 Year-2026 Thana- RAJPUR District- Buxar
======================================================
Monu Kumar Son of Rambilas Prasad @ Ram Vilash Prasad Resident Of
Village -Near Hanuman Mandir, Khaspur, Ps -Naubatpur, District- Patna,
Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Rajpur P.S. Case No. 107 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
altogether 452.16 liters of illicit foreign liquor was recovered from
a white colored ambulance.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. He further
submits that the petitioner is merely the driver of the said
ambulance and had no knowledge regarding the alleged liquor
Patna High Court CR. MISC. No.29868 of 2026(2) dt.07-05-2026
2/2
kept therein. It is further submitted that the witnesses to the
seizure list are police personnel, and the police have not
complied with Section 105 of the BNSS while effecting the
seizure. Moreover, a statement has been made in para 3 of the
petition that petitioner has no criminal antecedent and he is
languishing in judicial custody since 22.03.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the learned Special
Judge, Excise-I, Buxar (Bihar) in connection with Rajpur P.S.
Case No. 107 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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