Patna High Court
Munna Kumar @ Munna MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court granted bail 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 51.75 litres of foreign liquor recovered from a doorless room in his premises. He contended that the liquor was found in an abandoned part of the premises and that no incriminating article was in his conscious possession, and he has no prior criminal record. The State opposed bail, but the court noted the lack of conscious possession and the petitioner's clean antecedent. Consequently, the court inclined to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount. The order emphasized that the observations are prima facie and do not affect the merits of the trial.
Issues considered
- Whether bail should be granted when the alleged contraband was not recovered from the accused's conscious possession
- Whether the absence of prior criminal antecedent and short custody period justify bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise
- foreign liquor
- Section 30(a)
- possession
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34860 of 2026
Arising out of PS. Case No.-52 Year-2026 Thana- Excise Mashrakh District- Saran
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Munna Kumar @ Munna Mahto Son of Mahendra Mahto Resident of Village-
Pakha Bintoli, P.S.- Marhowrah, District- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar Srivastva, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Mashrakh Excise P.S.
Case No. 52 of 2026 registered for the offence under Section
30(a) of the Bihar Prohibition and Excise Act.
3. The allegation is that 51.75 litres of foreign liquor
was recovered from the doorless room in the premises and the
petitioner is said to be the owner of the said premises.
4. Learned counsel for the petitioner submits that the
alleged recovery was made from the abandoned premises of the
petitioner and nothing incriminating article was recovered from
the conscious possession of the petitioner. He further submits
that the petitioner has no criminal antecedent and is in custody
since 24.04.2026.
5. Learned Additional Public Prosecutor for the State
Patna High Court CR. MISC. No.34860 of 2026(2) dt.20-05-2026
2/2
has vehemently opposed the prayer for bail of the petitioner.
6. Considering that the alleged recovery was not made
from the conscious possession of the petitioner and the
petitioner is in custody since 22.04.2026 having no criminal
antecedent, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner, above named, be released
on bail on furnishing bail bonds of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to
the satisfaction of the learned Court of 3 r d Exclusive
Special Excise Court, Saran at Chapra in connection
with Mashrakh Excise P.S. Case No. 52 of 2026.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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