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Patna High Court

Monu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail, subject to a bond of Rs. 10,000 and two sureties.

Summary

Monu Kumar was arrested in connection with the seizure of 36.22 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The petitioner argued that the liquor was found in his bag without any independent witness to the search and seizure, and that he has a clean antecedent, having been in custody since 16 April 2026. The State opposed bail solely on the basis of the allegations in the FIR. The court, after considering the lack of independent evidence, the petitioner’s clean record, and the circumstances of the case, ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties. The bail order was directed to be complied with before the Special Judge of the 3rd Exclusive Special Excise Court, Saran. The decision reflects the court’s application of bail principles in cases involving prohibition offences.

Issues considered

  • What is the appropriate discretion of the court in granting bail to a petitioner charged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022?

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition law
  • criminal procedure
  • Section 30(a)
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36037 of 2026
                         Arising Out of PS. Case No.-119 Year-2026 Thana- MAKER District- Saran
                 ======================================================
                 Monu Kumar S/o Late Hareram Das Resident of Village- Bagahi, P.S.-
                 Panapur, District- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjay Kumar S.K., Advocate
                 For the Opposite Party/s :        Ms. Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   08-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State through virtual mode.

                                   2. The petitioner seeks bail in a case registered for

                   the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Amendment Act, 2022.

                                   3. As per the prosecution case, total 36.22 litres of

                   illicit liquor was recovered from the place of occurrence.

                                   4. Learned counsel for the petitioner submits that a

                   total recovery of 36.22 litres of illicit liquor has been shown

                   from his bag. There is no independent witness to search and

                   seizure and the petitioner was falsely been implicated in

                   absence of the same. The petitioner has clean antecedent and in

                   custody since 16.04.2026.

                                    5. Learned APP for the State opposed the grant of
              Patna High Court CR. MISC. No.36037 of 2026(2) dt.08-06-2026
                                                          2/2




                        bail on the basis of allegations made in the First Information

                        Report.

                                       6. Taking into consideration the facts and

                        circumstances of the case, let the above named petitioner, be

                        released on 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 Special Judge of 3rd

                        Exclusive Special Excise Court, Saran at Chapra/concerned

                        Court below in connection with Maker P.S. Case No. 119 of

                        2026.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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