Patna High Court
Munna KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, directing his release on bond with conditions.
Summary
Munna Kumar was arrested in connection with Excise Case No. 2091 of 2026 for alleged contravention of Section 30(a) of the Bihar Prohibition & Excise Act, based on a raid that recovered 165 litres of country‑made liquor from a dilapidated structure. The prosecution alleged that the liquor was being sold by the petitioner, while the petitioner contended that the structure did not belong to him, no incriminating material was found on his person, and he had a clean antecedent. He had been in custody since 2 April 2026 and sought bail, arguing that his apprehension was merely on suspicion. The State opposed the bail application. Considering the nature of the recovery, the petitioner’s clean record and the length of custody, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS and additional personal surety requirements.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act considering the nature of the recovery and his antecedents.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
- BNSS — s. 480(3)
Subjects
- bail
- illicit liquor
- excise law
- Section 30
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37786 of 2026
Arising Out of PS. Case No.-2091 Year-2026 Thana- Excise P.S. District- Patna
======================================================
Munna Kumar, S/O Late Akhilesh Ray, Resident of Mohalla- Musallahpur
Hat, Ward No 48, P.S.- Kadamkuan, District- Patna,
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Mr.Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Patna Excise P.S. Case No. 2091 of 2026,
registered for the alleged offence under Section 30(a) of the
Bihar Prohibition & Excise Act.
3. As per prosecution case, the informant received
information about the petitioner selling illicit liquor from a
dilapidated structure after storing it at the said place. A raid was
conducted and from search of the place, recovery of 165 liters of
country made liquor was made and the petitioner was
apprehended.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.37786 of 2026(2) dt.17-06-2026
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case. Nothing incriminating has been recovered from the
person/possession of the petitioner. The recovery has been
shown from the semi-constructed structure which does not
belong to this petitioner. The petitioner has been apprehended
merely on suspicion. The petitioner is in custody since
02.04.2026 and is having clean antecedent.
5. Learned APP for the State opposes the submission
made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of recovery and further considering the period of custody
of the petitioner along with his clean antecedent, the petitioner
above named is directed to 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 learned Special Judge,
Excise-III, Patna/court concerned in connection with Patna
Excise P.S. Case No. 2091 of 2026, subject to the conditions
mentioned in Section 480(3) of BNSS and the following
conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
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and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail, the
bail bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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