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Patna High Court

Munna KumarversusThe 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 after 48 litres of liquor were recovered from his joint family house. He claimed innocence, arguing that no liquor was found in his personal possession and that the recovery was from a house shared with other family members. The prosecution opposed bail, citing his prior criminal antecedent and the fact that he had been in custody since 20‑10‑2025. The court noted the lack of incriminating material against him and the non‑compliance with Section 103 of the BNSS, 2023, and, considering the circumstances, 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 facts of the case
  • Whether the non‑compliance with Section 103 of the BNSS, 2023, affects the grant of bail

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • joint house
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3531 of 2026
                  Arising Out of PS. Case No.-297 Year-2025 Thana- SURYAGARHA District- Lakhisarai
                 ======================================================
                 Munna Kumar S/o Birendra Singh @ Virendra Singh Resident of Village -
                 Jajwara Musahari, P.S - Suryagarha, District - Lakhisarai

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjeev Kumar, Advocate
                 For the Opposite Party/s :      Mr. Shyam Bihari Singh, APP
                 ======================================================
                 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

                   Suryagarha PS Case No. 297 of 2025 instituted for the offences

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

                           3.       The prosecution case, in short, is that 48 liters

                   liquor was recovered from the house of the petitioner.

                           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. It is submitted

                   that recovery is made from the joint house of the petitioner,
           Patna High Court CR. MISC. No.3531 of 2026(2) dt.19-01-2026
                                                       2/2




                     where other family members also reside. The petitioner is in

                     custody since 20.10.2025 and has got one criminal antecedent/s.

                     There is no compliance of Section 103 of the BNSS, 2023.

                             5.      Learned A.P.P. 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/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Suryagarha PS Case

                     No. 297 of 2025.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


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