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Patna High Court

Munna KumarversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
           Patna High Court CR. MISC. No.37786 of 2026(2) dt.17-06-2026
                                                       3/3




                                  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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