Patna High Court
Monu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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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