Patna High Court
Monu Kumar @ PrashantversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to bond and conditions under Section 482(2).
Summary
The petitioner, Monu Kumar, sought anticipatory bail in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act where 14.94 litres of foreign liquor were allegedly seized. He claimed false implication, lack of compliance with procedural requirements of Sections 103 and 105 of the BNSS, and asserted no prior criminal record. The State opposed the bail. After hearing both sides, the court considered the facts, the alleged procedural lapses, and the petitioner’s clean record. It ordered that, if arrested within six weeks, the petitioner be granted anticipatory bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the procedural requirements of Sections 103 and 105 of the BNSS were complied with.
- Whether the petitioner’s lack of criminal antecedents justifies the grant of anticipatory bail.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 103, 105
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- foreign liquor seizure
- procedural lapse
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34901 of 2026
Arising Out of PS. Case No.-52 Year-2026 Thana- Chakmesi District- Samastipur
======================================================
Monu Kumar @ Prashant son of - Late Hitlal Mahto Resident of Village -
Karua Ward no. 16, Ps- Chakmehsi, Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Piyush Kumar Pandey
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 20-05-2026 The matter has been taken up today through video
conferencing.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The Petitioner is apprehending his arrest in
connection with Chakmehshi PS Case No 52 of 2026 registered
for the offence punishable under Section 30 (a) of the Bihar
Prohibition and Excise Act.
4. As per the allegation, altogether 14.94 liters of
foreign liquor was recovered in a concealed state.
5. Learned counsel for the petitioner has submitted
that the petitioner has been falsely implicated in this case and in
fact the place where the alleged seizure has been done is an
open space accessible to all. It has also been submitted that
Patna High Court CR. MISC. No.34901 of 2026(2) dt.20-05-2026
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somebody, out of animosity, has falsely implicated the
petitioner. It has further been submitted that no procedure
prescribed under Sections 103 and 105 of the BNSS has been
followed. It has lastly been submitted that the petitioner has got
no criminal antecedents.
6. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail of the petitioner.
7. Heard the parties and perused the record.
8. Considering the aforesaid facts and circumstances
of the case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail bond of Rs
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
Samastipur, in connection with Chakmehshi PS Case No 52 of
2026 subject to the conditions as laid down under Section 482
(2) of the Bharitya Nagrik Suraksha Sanhita.
9. This application stands allowed.
(Praveen Kumar, J)
M.E.H./-
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