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Patna High Court

Munna Kumar @ Munna RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner.

Summary

The petitioner, Munna Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 96 litres of country-made liquor recovered from a motorcycle. He claimed innocence, stating he was merely a passerby and not the owner of the vehicle, and that no incriminating material was found in his possession. The State opposed bail, while the petitioner highlighted his lack of involvement and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. After considering the facts, the period of custody since 17‑12‑2025, and the petitioner’s single prior criminal antecedent, the Court decided to grant bail. The bail was set at a bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the custody period.
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • liquor seizure
  • Section 30(a)
  • Section 103
  • criminal procedure
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2997 of 2026
                        Arising Out of PS. Case No.-272 Year-2025 Thana- Gaura P.S. District- Saran
                 ======================================================
                 Munna Kumar @ Munna Rai Son of Bira Rai @ Bira Ray R/o - Senvari,
                 (Senduari), P.S - Marhowrah, District - Saran
                                                                      ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :         Ms.Veena Kumari Jaiswal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Gaura

                   P.S. Case No. 272 of 2025, instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 96 liters of

                   country made liquor was recovered from motorcycle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. The petitioner is

                   not the owner of the vehicle rather he was passersby of the way

                   and has become victim of circumstances. The petitioner is in
           Patna High Court CR. MISC. No.2997 of 2026(2) dt.19-01-2026
                                                       2/2




                     custody since 17.12.2025 and has got one criminal antecedent.

                     There is no compliance of Section 103 of the Bharatiya Nagarik

                     Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Gaura P.S. Case No.

                     272 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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